Arun Kumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Arun kumar, S/o.Mariappan 2.Ajay, S/o.Velusamy ... Petitioners/Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Sankarankovil Taluk Police Station, Tenkasi District.

(Crime No.346 of 2025) ... Respondent/Complainant For Petitioners : Mr.B.Arun, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.346 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 127(2), 115(2), 118(1) and 351

(3) of BNS, 2023 in Crime No.346 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the accused persons attacked the de-facto complainant with beer bottles. Hence, a case has been registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not involved in any offences as stated by the prosecution. They have been falsely implicated in this case. He, however, submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners. 2/6

4. The learned Government Advocate (Crl. side) submits that there are totally four accused persons in this case and the petitioners have been arrayed as A2 and A4. A1 and A3 were arrested and subsequently released on bail. He further submitted that the injured was treated only as an outpatient. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also taking note of the fact that the injured was treated only as an outpatient, and that the co-accused were arrested and subsequently released on bail, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sankarankovil 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 the police officer who intends to arrest or to the satisfaction 3/6

of the learned Judicial Magistrate, Sankarankovil, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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, Sankarankovil. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Sankarankovil;

(c) the petitioners shall report before the respondent police weekly twice i.e. on every Saturday and Sunday 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; (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 themselves 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/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 18/07/2025 / TRUE COPY / /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,SANKARANKOVIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT. 3 THE INSPECTOR OF POLICE, SANKARANKOVIL TALUK POLICE STATION, TENKASI DISTRICT.

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

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+1 CC to M/s.B.ARUN, Advocate ( SR-7850[I] dated 21/07/2025 )

ORDER

IN CRL OP(MD) No.11580 of 2025 Date :18/07/2025 AS/07.08.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6