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Madras High CourtCRL OP(MD)/11083/2025allowed

Sasikumar v. The State Of Tamilnadu

2025-07-01Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Sasikumar, S/o.Rethnavel ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Ponamalai Police Station, Trichy District.

(Crime No.206 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Yesudasan, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.206 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 351(3) of BNS, 2023 r/w. Section 82(1) of JJ Act, 2002 in Crime No.206 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 19.06.2025, when the de-facto complainant's son was riding his bicycle, the petitioner is said to have intercepted him, pushed him off his bicycle, slapped him, and also threatened him with dire consequences. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an auto driver by profession, and he regularly picks up school children from their school and drops them at their respective houses, for which he receives monthly rental charges from their parents. In fact, on the alleged date of occurrence, while the petitioner was driving his auto with school children onboard, the de-facto complainant's son followed the auto in order to tease a school girl who was inside. 2/6

Upon seeing this, the petitioner, acting as a temporary custodian of the children, warned the de-facto complainant's son. In order to wreak vengeance, the de-facto complainant has lodged the present false complaint against the petitioner. He further submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner is the sole accused in this case, and there are no previous cases registered against the petitioner. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and taking note of the fact that the injured has been discharged from the hospital, and that there are no previous cases registered against the petitioner, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

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6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.V, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.

V, Trichy, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.V, Trichy. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.

(c) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(e) the petitioner shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 01/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate No.V, Trichy.

2. Do through the Chief Judicial Magistrate, Trichy.

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3.The Inspector of Police, Ponamalai Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.11083 of 2025 Date :01/07/2025 PS/SAR.22.07.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6