Adhikesavan v. The State Of Tamilnadu Rep By The Inspector Of Police, Ammapet

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Adhikesavan, S/o.Selvam, ..Petitioner/A2 Vs The State of Tamilnadu rep.by The Inspector of Police, Ammapet Police Station, Thanjavur District.

(Crime No.342 of 2025) .. Respondent/Complainant For Petitioner : Mr.R.L.Dhilipan Pandian, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.342 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner /A2, who was arrested and remanded to judicial custody on 1/6

30.06.2025 for the offences punishable under Sections 115(2), 140(3), 296(b), 308(5), 351(3) of BNS altered into Sections 115(2), 140(3), 191(2), 191(3), 296(b), 308(5) and 351(3) of BNS, in Crime No.342 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 25.06.2025, there was a wordy quarrel between the parties with regard to the driving of two wheeler, due to which, the petitioner along with other accused persons abused the defacto complainant in filthy language and assaulted him and also caused injuries. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the counter case in Crime No.341 of 2025 is also pending. The petitioner is in custody from 30.06.2025 nearly 20 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that on 25.06.2025, the petitioner and the defacto complainant were in drunken mode and 2/6

there arose dispute with regard to the driving of two wheeler, the first accused attacked the defacto complainant with wooden log. The very next day, co-accused called the defacto complainant for compromise at one temple, the defacto complainant went there and there was again wordy altercation and the accused taken the two wheeler of the defacto complainant and cell phones and also demanded Rs.5,000/- from the defacto complainant's wife. Due to the attack, the defacto complainant sustained injuries on his cheek and nose. He would further submit that the injured was discharged from the hospital and the investigation is in progress. He would also submit that the co-accused were already granted bail by the learned District Munsif cum Judicial Magistrate, Papanasam in Crl.M.P.No.1318 of 2025, dated 18.07.2025. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and taking note of the fact that the counter case in Crime No.341 of 2025 is pending and the injured was discharged from the hospital and the co-accused were also granted bail and also considering the fact that the petitioner/Accused is in judicial custody from 30.06.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions: 3/6

6. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District and on further conditions that :- [a] 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 District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District. If the petitioner changes his residential address, he shall report the same to the learned District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District; [c] the petitioner shall appear and sign before the respondent police daily at 10.00 a.m., until further orders.

[d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial 4/6

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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 21/07/2025 / TRUE COPY / 21/07/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District 2.The Chief Judicial Magistrate, Thanjavur district at Kumbakonam.

3.The Officer Incharge, District Prison, Thanjavur.

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4.The Inspector of Police, Ammapet Police Station, Thanjavur District.

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

ORDER

IN CRL OP(MD) No.11703 of 2025 Date :21/07/2025 PR/21.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6