Alagarsamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Alagarsamy, S/o.Perumal, .. Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Pandalgudi Police Station, Virudhunagar District.

(Crime No.92 of 2025) .. Respondent/Complainant For Petitioner :

Mr.R.Velmurugan 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.92 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 1/5

the offences punishable under Sections 296(b), 115(2), 133 of BNS r/w.Section 4 of TamilNadu Prohibition of Harassment of Women Act, 2002 in Crime No.92 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto-complainant had purchased a land at Varadharajapuram, he wanted to put fence in his land. On 09.07.2025, the defacto-complainant was started the fencing work along with labourers, at that time this petitioner came there and abused the defacto-complainant by using filthy language and questioned as to how the defacto-complainant putting fence in his land. This petitioner removed his slipper and assaulted the defacto-complainant on the left and right cheeks and also assaulted with hands on the chest and stomped with legs on his stomach. Hence, the case.

3. The learned counsel for the petitioner would submit that due to previous land dispute, the defacto-complainant lodged a false complaint against the 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 this petitioner abused the defacto-complainant by using filthy language, attacked and 2/5

threatened him with dire consequences. The defacto-complainant had sustained simple injury and he was treated as out patient. There is no previous case against this petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, FIR was registered on 10.07.2025, by this time most of the investigation might have been completed, there is no previous case against the 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, Aruppukottai, Virudhunagar District 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 learned Judicial Magistrate, Aruppukottai, Virudhunagar 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 contact number to 3/5

the learned Judicial Magistrate, Aruppukottai, Virudhunagar District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Aruppukottai, Virudhunagar 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; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

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

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gvn TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, PANDALGUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.R.VELMURUGAN, Advocate ( SR-7920[I] dated 23/07/2025 )

ORDER

IN CRL OP(MD) No.12252 of 2025 Date :23/07/2025 NBF/SAR- /12/08/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5