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Madras High CourtCRL OP(MD)/11079/2025allowed

I. Chithiraipandi @ Chitraipandi v. State Of Tamilnadu Rep By Inspector Of Police, Valliyoor

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 1.I.Chithiraipandi @ Chitraipandi, S/o.Iyyadurai 2.Kannan, S/o.Ayyadurai 3.Sakthi Kani, S/o.Iyyadurai 4.Anthonyraja @ Antony Rajan, S/o.Dhavidu ... Petitioners/A1 to A4 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Vallioor Police Station, Tirunelveli.

(Crime No.359 of 2025) ... Respondent/Complainant 1/6

For Petitioners : Mr.G.Aravinthan, Advocate for M/s.Aran Legal Consultancy For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.359 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 189(2), 329(1), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.359 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to a civil dispute between the defacto complainant and the petitioners, on 12.06.2025, while the de-facto complainant and his family were carrying out repair works in the cow shed, the petitioners approached and attacked them with a wooden rod and also threatened the de-facto complainant with dire consequences. Hence, the present case. 2/6

3. The learned counsel for the petitioners submitted that it is a case, case in counter. While the civil dispute was pending, the de-facto complainant put up a cow shed on the pathway leading to the petitioners' land. When this was questioned, the de-facto complainant, along with others, attacked the petitioners. Hence, a case has been registered against the de-facto complainant in Crime No.358 of 2025 on the file of the respondent police. He submitted that the petitioners are innocent persons and are in no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Criminal Side) submitted that the issue pertains to a civil dispute. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also taking note of the fact that the issue pertains to a civil dispute, and that the injured have been discharged from the hospital, this Court is inclined ud to grant anticipatory bail to the petitioners, subject to certain conditions. 3/6

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vallioor on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Vallioor and on further conditions that:

(a) the petitioners 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Vallioor. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Vallioor;

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

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

(e) the petitioners shall not abscond either during investigation or trial; 4/6

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 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, VALLIOOR, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, VALLIOOR POLICE STATION, TIRUNELVELI.

5/6

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. ARAN LEGAL CONSULTANCY Advocate SR.No.7067 (I) DT.02/07/2025

ORDER

IN CRL OP(MD) No.11079 of 2025 Date :01/07/2025 NM/21.07.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6