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Madras High CourtCRL OP(MD)/11704/2025allowed

Arichandran v. State Of Tamilnadu Rep By Inspector Of Police, Vachakarapatti

2025-07-16Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD).No.11704 of 2025 Arichandran, S/o.Sakkanan, ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.

(Crime No.155 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Sundaramoorthi 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.155 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police

for the offences punishable under Section 118(1) of BNS and 4 of TNPHW Act in Crime No.155 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 03.07.2025 at about 7.00p.m. The petitioner walking in front of the defacto-complainant's house, at that time, due to previous enmity, the petitioner/accused and the defacto-complainant's son-in-law had quarrelled, this petitioner attacked the defacto-complainant and caused injury. Hence, the case.

3. The learned counsel for the petitioner would submit that this petitioner has worked in the TamilNadu Fire Service Department. The respondent police lodged a false case against this petitioner. 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 due to previous enmity this petitioner attacked the defacto-complianant and caused injuries. At the time of occurrence, some of them sustained simple injury and admitted in hospital and later discharged from the hospital. There is no previous case against the petitioner. However, he opposed to grant anticipatory bail to the

petitioner.

5. Considering the facts and circumstances of the case, injured discharged from hospital, there is no previous case agianst this petitioner, 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 No.1, Virudhunagar 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 No.1, Virudhunagar, 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 No.1, Virudhunagar. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.1, Virudhunagar;

(c) the petitioner shall report before the respondent police daily at 09.00 a.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 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 // / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1.The Judicial Magistrate No.1, Virudhunagar.

2. Do through the Chief Judicial Magistrate, Virudhunagar District at Srivalliputhur.

3.The Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.11704 of 2025 Dated : 16/07/2025 CT (24/07/2025) 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023