Tamil Vendan v. State Of Tamilnadu Rep By Inspector Of Police, Thanghimadam

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

1. Tamil vendan, C/o.Ganesan, 2.Sakthivel, S/o.Balaguru ..Petitioners/Accused Nos.3 & 4 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Thangachimadam Police Station, Ramanathapuram District.

(Crime No.17 of 2025) .. Respondent/Complainant For Petitioners : Mr.J.Vishnu 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.17 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) in BNS and Section 4 of TamilNadu Prohibition of Harassment of Women Act, 2002 in Crime No.17 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a land dispute between the defacto-complainant's husband and his brothers. While the defacto-complianant visited the disputed family property, the first petitioner herein came with wooden stick and attempted to assault, the second petitioner herein instigated others to engage in a quarrel. Both the accused persons threatened and prevent the complainant from asserting any right over the property. Hence, the case.

3. The learned counsel for the petitioners would submit that due to previous enmity regarding the defacto-complainant created concocted story and lodged a false complaint against these petitioners. The petitioners are innocent persons and 2/6

they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the accused persons attempted to threaten and prevent the complainant form asserting any right over the family property. At the time of occurrence, no one sustained injury. Already the first and second accused were arrested and subsequently released on bail. There is no previous case pending against these petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also considering the fact that the co-accused were already released on bail, at the time of occurrence no one sustained injury, there is no previous case against these petitioners, 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 3/6

receipt of a copy of this order, before the Judicial Magistrate No.I, Ramanathapuram District on condition that the petitioner shall execute separate 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 Judicial Magistrate No.I, Ramanathapuram District 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 contact number to the learned Judicial Magistrate No.I, Ramanathapuram District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.I, Ramanathapuram District; (c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

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

sd/- 03/07/2025 / TRUE COPY / / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM.

2 DO THROUGH, THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

3 THE INSPECTOR OF POLICE, THANGHIMADAM, THANGACHIMADAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.11213 of 2025 Date :03/07/2025 MGJ (21.07.2025)/6P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 6/6