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Madras High CourtCRL OP(MD)/12215/2025allowed

Suriyaprakash @ Surya v. The State Of Tamilnadu

2025-07-23Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Suriyaprakash @ Surya, S/o.Selvam : Petitioner/A1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Thevaram Police Station, Theni District.

(Crime No.100 of 2025) : Respondent/Complainant For Petitioner : Mr.D.Rajaboopathy, 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.100 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, in Crime No.100 of 2025 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that due to previous enmity between the petitioner and the defacto complainant, the petitioner, along with other accused persons, attacked the defacto complainant with a knife and caused injuries and also threatened him with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court.

4.The learned Government Advocate (Criminal Side) submitted that the injured was discharged from the hospital. The petitioner is having six previous cases and the investigation is in progress.

5.Considering the facts and circumstances of the case, and taking into account of the fact that the injured was discharged from the hospital and most 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, Bodinayakkanur, Theni District, on condition that the petitioner shall execute a bond 2/4

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 learned Judicial Magistrate, Bodinayakkanur, Theni 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, Bodinayakkanur, Theni District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Bodinayakkanur, Theni District; (c)the petitioner shall report before the respondent police daily twice ie., 10.30 a.m., and 05.00 pm., 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 3/4

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/- 23/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The Judicial Magistrate, Bodinayakkanur, Theni District. 2.Do Through The Chief Judicial Magistrate, Theni District. 3.The Inspector of Police, Thevaram Police Station, Theni District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.12215 of 2025 Date :23/07/2025 SBN/06.08.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4