Sundararajan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI and CRL MP(MD). No.9540 of 2025 Sundararajan, S/o.Narayanasamy ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Thenkarai Police Station, Theni District.

(Crime No.274 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.Appadurai, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) For Intervenor : Mr.A.Balaji, Advocate 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.274 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 126(2), 296(b), 115(2), 118 (1), 351(3) and 49 of BNS, 2023 in Crime No.274 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the 5th accused is the adjacent landowner of the de-facto complainant, and there is a pending property dispute between them. On 05.06.2025, at about 6.00 a.m., when the de-facto complainant went to his land, the petitioner, along with the other accused, restrained him, sprinkled chili powder on his face, and also attacked him with an iron rod. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that this is the second anticipatory bail application filed before this Court. The petitioner, who has been arrayed as A1, is an innocent person and has not committed any offence as 2/5

alleged by the prosecution. He also submitted that since the petitioner is the father of the 2nd accused, he has been arrayed as an accused in this case. He further submitted that A2 was arrested and subsequently released on bail by this Court on 10.07.2025 in Crl.O.P.(MD) No.11087 of 2025. He, however, submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned counsel for the intervenor submitted that the de-facto complainant was brutally assaulted by the 1st accused and the other co-accused, resulting in bone fractures and head trauma. The de-facto complainant is still undergoing continuous medical treatment for the injuries sustained in the said assault. Thus far, the petitioner has incurred a sum of Rs.7,00,000/- towards hospitalization, surgeries, medication, and post-treatment physiotherapy. To substantiate the same, medical reports and bills have been enclosed. If the accused is granted anticipatory bail at this juncture, it would pose a grave threat to the life of the de-facto complainant. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

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5. The learned Government Advocate (Criminal Side) submitted that there are totally five accused persons in this case and the petitioner has been arrayed as A1. There are four previous cases registered against the petitioner. He further submitted that the investigation in this case is still pending. Hence, he opposed to grant anticipatory bail to the petitioners.

6. Taking into consideration the facts and circumstances of the case, the gravity of the offence allegedly committed by the petitioner, and also taking note of the fact that both the legs of the injured were fractured and is still taking treatment, and that the investigation in this case is still pending, and that there are four previous cases registered against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner at this stage.

7. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Criminal Miscellaneous Petition is closed. sd/- 23/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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mkn TO 1.The Inspector of Police, Thenkarai Police Station, Theni District.

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

+1 CC to M/s.K.APPADURAI, Advocate ( SR-7988[I] dated 24/07/2025 )

ORDER

IN CRL OP(MD) No.11718 of 2025 Date :23/07/2025 PS/SAR.13.08.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5