Aravinth v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Aravinth, S/o.Thavasumani

...Petitioner/Accused

Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Lalapettai Police Station, Karur District. (Crime No.188 of 2025) ... Respondent/Complainant For Petitioner :

Mr.A.Thiyagarajan, Advocate 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.188 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS 1/5

r/w.Section 4 of TNPWH Act in Crime No.188 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 15.06.2025 at about 11.00a.m., the mother of the defacto-complainant was grazing the sheeps in their land. Suddenly, the sheeps of the defacto-complainant went into the land of the accused. This petitioner/3rd accused scolded the defacto-complainant and his mother with filthy language and pulled her down and when the said act was questioned by the defacto-complainant, the petitioner assaulted the defacto complainant with billhook in his head and caused injuries and threatened her with dire consequences. Hence, the case.

3. The learned counsel for the petitioner would submit that due to previous enmity the defacto-complainant lodged a false complaint against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that there was dispute with regard to the sheeps entered into the land of the accused. This petitioner and other accused persons scolded the defacto-complainant and his 2/5

mother with filthy language and pulled her down and this petitioner assaulted the defacto-complainant with billhook in his head and caused injuries. She sustained simple injury and admitted in hospital and later he discharged from hospital. The first and Second accused were already enlarged on bail by the learned Principal District and Sessions Court, Karur District. There is no previous case against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, injured discharged from hospital, already the co-accused were enlarged on bail, there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.I, Kulithalai, Karur District 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 to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate No.I, Kulithalai, Karur District, and on further conditions that:

(a) the petitioner and the sureties shall affix their photographs and left thumb 3/5

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 contact number to the learned Judicial Magistrate No.I, Kulithalai, Karur District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.I, Kulithalai, Karur District; (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;

(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; 4/5

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

Sd/- 03/07/25 // True Copy // /2025 Sub Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.

gvn TO 1.The Judicial Magistrate No.1, Kulithalai, Karur District.

2.Do through The Chief Judicial Magistrate, Karur District.

3.The Inspector of Police, Lalapettai Police Station, Karur District.

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

+1 CC to M/s.A.THIYAGARAJAN, Advocate ( SR-7132[I] dated 04/07/2025 ) ORDER IN CRL OP(MD) No.11188 of 2025 Dated : 03/07/2025 AVK/28.07.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5