Rajkumar v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Rajakumar 2.Lakshmi 3.Rathika 4.Pappathi 5.Rangasamy 6.Nermathi ... Petitioners/Accused Nos.1, 3 to 7 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, All Women Police Station, Orathanadu, Thanjavur District.

(Crime No.9 of 2024) ... Respondent/Complainant For Petitioners : Mr.A.Robinson, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. 1/6

PRAYER :- For Anticipatory Bail in Crime No.9 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1, 3 to 7, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 498(A), 448, 323 and 506(1) of IPC in Crime No.9 of 2024 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there existed property dispute between the petitioners and the defacto complainant, due to which, the petitioners attacked the defacto complainant and caused injuries and also threatened with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

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(*) ''4. The learned Government Advocate (Criminal Side) submitted that the investigation has been completed and charge sheet has filed and the same was taken on file in C.C.No.112 of 2025 on the file of the learned Judicial Magistrate, Orathanadu.

5. Considering the facts and circumstances of the case, and taking into account of the fact that the investigation has been completed and charge sheet has also been laid and the case was taken on file in C.C.No.112 of 2025 on the file of the learned Judicial Magistrate, Orathanadu, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.'' 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, Orathanadu, 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, Orathanadu, and on further conditions that:

(a) the petitioners and the sureties shall affix their photographs and left thumb 3/6

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, Orathanadu. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Orathanadu;

(c)the petitioners shall report before the learned Judicial Magistrate, Orathanadu, on all working days at 10.00 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; (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; 4/6

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 02/07/2025 (*)CORRECTED AS PER THE ORDER OF THIS HON'BLE COURT DATED 28/07/2025 IN CRL OP (MD) No.11127 of 2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO TO BE SUBSITUTED WITH THE ORDER DATED 18/07/2025 ALREADY DESPATCHED.

1.The Judicial Magistrate, Orathanadu.

2.Do Through - The Chief Judicial Magistrate, Thanjavur District. 3.The Inspector of Police, All Women Police Station, Orathanadu, Thanjavur District.

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

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+1 CC to M/s.A.ROBINSON, Advocate ( SR-7090[I] dated 03/07/2025 )

ORDER

IN CRL OP(MD) No.11127 of 2025 Date :02/07/2025 SB/16.07.2025 6P/6C PS/28.07.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6