Selva Rajesh v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.07.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI CRL OP(MD). No.11582 of 2025 1.Selva Rajesh 2.Seenivasa Moorthy 3.Vijesh Kumaran ... Petitioners/ Accused 1to3 Vs The State of Tamil Nadu, The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.
(Crime No.259 of 2025) ... Respondent/ Complainant For Petitioners : M/s.S.Prabha, Advocate. For Respondent : Mr.S.Prakash, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.259 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 3, who apprehend arrest at the hands of the
respondent police for the offences punishable under Sections 191(2), 126(2), 296(b), 115(2), 118(1) and 351(3) BNS, 2023 in Crime No.259 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there existed some dispute with regard to the defacto complainant's rice mill, for which, the petitioners had trespassed into the rice mill and break open the lock and abused the defacto complainant in filthy language and also attacked him. Hence, the case.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. She would further submit that the petitioners are no way connected with the case, a false case has been lodged as against the petitioners and that counter case came to be registered in Crime No.260 of 2025. The petitioners are ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, she seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the defacto complainant is the rice mill owner and the petitioners had break open the lock of the rice mill and attacked the defacto complainant and that there are totally three accused. He would submit that the
injured sustained simply injury and took treatment as out-patient. 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 injured treated as out-patient and taking note of the fact that by this time, most of the investigation might have been completed, 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 anticipatory 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 Judicial Magistrate, Rajapalayam, Virudhunagar District 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 Judicial Magistrate, Rajapalayam, Virudhunagar 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, Rajapalayam, Virudhunagar District. In the event
of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Rajapalayam, Virudhunagar District; (c) the petitioners shall report before the respondent police daily 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 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/- 09.07.2025 // True Copy // / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
CSM TO
1. The Judicial Magistrate, Rajapalayam, Virudhunagar District.
2. Do through the Chief Judicial Magistrate, Virudhunagar District. At Srivalliputhur
3. The Inspector of Police, Rajapalayam South Police Station, Virudhunagar District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD). No.11582 of 2025 Date : 09.07.2025 CT (23/07/2025) 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023