Ayyasamy v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Ayyasamy, S/o.Murugan, : Petitioner/A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.
(Crime No.99 of 2025) : Respondent/Complainant For Petitioner : Ms.S.Devasena, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. PRAYER :- For Anticipatory Bail in Crime No.99 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/5
The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 351(3) of BNS @ 296 (b), 118(1), 351(3), 109 (1) of BNS, in Crime No.99 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto-complainant is the brick canal contractor and the first accused, who is brother of the petitioner/A2 is working under the Defacto-complainant and there is some dispute between them. On 26.05.2025, the first accused abused the defacto-complainant and his brother in filthy language and attempted to murder with sickle. The brother of the defactocomplainant sustained grievous injuries on his hand due to the assault of the first accused. This petitioner threatened them with dire consequences. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The first accused has already granted bail by this Court in Crl.OP(MD) No.11768 of 2025, dated 11.07.2025. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.
4.The learned Government Advocate (Criminal Side) would submit that the defacto-complainant and his brother and the accused persons are working in the 2/5
brick canal. The Accused No.1 quarrelled with some other person, that was resisted by the defacto-complainant. On keeping that in mind, on 26.05.2025, the petitioner along with A1 were assaulted the defacto-complainant and threatened with dire consequences. On 26.05.2025, the injured person was admitted in hospital and on 02.06.2025, he was discharged from the hospital. He further submitted that the first accused has been release on bail by this Court in CRL.OP(MD)No.11768 of 2025. 5.Considering the facts and circumstances of the case, and taking into account of the fact that the injured has been discharged from the hospital and the coaccused/A1 has already been released on bail and taking note of the fact that the occurrence had taken place on 26.05.
2025, by this time, material part of the investigation might have been completed, 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 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 learned Judicial Magistrate, Kadaladi, Ramanathapuram District, on condition that the petitioner shall execute a bond for a sum of Rs.
Ramanathapuram District, 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 mobile number to the learned Judicial Magistrate, Kadaladi, Ramanathapuram District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Kadaladi, Ramanathapuram District; (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;
(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; 4/5
(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 05/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
das TO 1.The Judicial Magistrate, Kadaladi, Ramanathapuram District.
2.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.DEVASENA, Advocate ( SR-8442[I] dated 05/08/2025 )
ORDER
IN CRL OP(MD) No.12061 of 2025 Date :05/08/2025 HPS/29.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5