Kumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.07.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Kumar ... Petitioner/ Accused No.1 Vs State rep. by The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

(Crime No.261 of 2025) ... Respondent/ Complainant For Petitioner : Mr.M.Prabu, Advocate.

For Respondent : Mr.S.Prakash, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 B.N.S.S. 1/6

PRAYER :- For Anticipatory Bail in Crime No.261 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 75(2), 78(2) and 351(2) BNS, 2023 and Section 4 of TNPHW Act in Crime No.261 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 10.06.2025, the petitioner had misbehaved with the defacto complainant, due to which, there arose a wordy quarrel between the defacto complainant's family members and the accused persons and at that time, the petitioner had threatened the defacto complainant. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner, that a counter case came to be registered in Crime No.262 of 2025 and that the petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. 2/6

Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are totally 2 accused, the petitioner arrayed as A1, that the petitioner along with other accused had threatened the defacto complainant and that no one was injured in the incident. He would further submit that the second accused was released on bail by the Judicial Magistrate, Ambasamuthiram and that the petitioner is a history sheeter and is having 12 previous cases. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the fact that the second accused was released on bail and also the facts that no one was injured in the incident and that most of the investigation might have been completed by this time, 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, 3/6

Ambasamuthiram, Tirunelveli 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, Ambasamuthiram, Tirunelveli and on further conditions that:

(a) the petitioner 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 petitioner shall furnish his residential address and contact number to the Judicial Magistrate, Ambasamuthiram, Tirunelveli. In the event of any change in his residential address, the petitioner shall report the same to the Judicial Magistrate, Ambasamuthiram, Tirunelveli;

(c) the petitioner shall report before the respondent police daily two times at 10.00 a.m. and 05.30 p.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 4/6

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/- 10/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO

1. The Judicial Magistrate, Ambasamuthiram, Tirunelveli .

2. Do through the Chief Judicial Magistrate, Tirunelveli District.

3. The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

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

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ORDER

IN CRL OP(MD) No.11597 of 2025 Date :10/07/2025 PS/SAR.30.07.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6