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Madras High CourtCRL OP(MD)/11692/2025allowed

Esakkimuthu v. The State Rep By The Inspector Of Police

2025-07-16Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Esakkimuthu, S/o.Vembu, .. Petitioner/Accused No.2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Pathamadai Police Station, Tirunelveli District.

(Crime No.158 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.Veeravelpandi Advocate For Respondent : Mr.S.Prakash Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.158 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 189(2), 127(2), 296(b), 115(1) & 351(3) of BNS/ 142, 342, 294(b), 323 & 506(3) and Section 4 of TamilNadu Prohibition of Harassment of Women Act, 2002 in Crime No.158 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto-complainant has doing agricultural work. The defacto-complainant and his friend Nambirajan had a previous enmity with the first accused. On 25.06.2025, the defacto-complainant, his mother and his friend Nambirajan and his wife standing in front of Nambirajan's house, at that time,the accused persons arrived there and abused them with filthy language, this petitioner and other accused persons caught hold of the defactocomplainant's hand and prevented him from moving. Subsequently, the fist and third accused stabbed and kicked him on his right leg and head, causing simple injuries. Hence, the case.

3. The learned counsel for the petitioner would submit that the respondent police lodged a false case against this petitioner. There are totally five accused 2/6

persons, this petitioner was arrayed as Accused No.2. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that this petitioner and other accused person were attacked the defacto-complainant and scolded him with filthy language. At the time of occurrence, some of them sustained simple injury and discharged from hospital. This petitioner is having two previous cases. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, injured discharged from hospital, 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, Cheranmahadevi on condition that the petitioner shall execute a bond for a sum of 3/6

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, Cheranmahadevi, 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 learned Judicial Magistrate, Cheranmahadevi. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Cheranmahadevi;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(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 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/- 16/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1.THE JUDICIAL MAGISTRATE, CHERANMAHADEVI.

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2.THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, PATHAMADAI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.11692 of 2025 Date :16/07/2025 NM/24.07.2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6