← Library
Madras High CourtCRL OP(MD)/12347/2025allowed

V. Balakumar v. The State Of Tamilnadu

2025-07-25Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI V.Balakumar, S/o.Vaiyapuri.

:Petitioner/A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Palaviduthi Police Station, Karur District.

(Crime No.76 of 2025) : Respondent/Complainant For Petitioner : Mr.K.Kharikharadas, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. PRAYER :- For Anticipatory Bail in Crime No.76 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 133, 115(2) and 118(1) of BNS, in Crime No.76 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to pathway dispute between the petitioner and the defacto complainant, on 05.06.2025, at about 06.00 am, the petitioner along with other accused abused the defacto complainant in filthy language and attacked him with billhook on his head and caused injuries. 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 also sustained injuries in this case and a case in Crime No.77 of 2025 has been registered. However, he submitted that the Co-accused/A1, A2, A4 and A5 were already granted anticipatory bail and 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 due to pathway dispute, on 05.06.2025, at about 06.00 am, the petitioner along with other 2/5

accused abused the defacto complainant in filthy language and attacked him with billhook on his head and caused injuries. He further submitted that the injured was discharged from the hospital and the petitioner is not having any previous case. Counter case in Crime No.77 of 2025 is pending and the Co-accused/A1, A2, A4 and A5 were already granted anticipatory bail.

5. Considering the facts and circumstances of the case and taking into account of the fact that there existed pathway dispute between the parties, the injured was discharged from the hospital and the counter case in Crime No.77 of 2025 is pending and considering the fact that the petitioner is not having any previous case and the occurrence had taken place on 05.06.2025, by this time 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 No.I, Kulithalai, 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 No.I, Kulithalai, and on further conditions that: 3/5

(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 No.I, Kulithalai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.I, Kulithalai;

(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/- 25/07/2025 / 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 No.I, Kulithalai.

2.The Inspector of Police, Palaviduthi Police Station, Karur District.

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

+1 CC to M/s.K.KHARIKHARADAS, Advocate ( SR-8136[I] dated 29/07/2025 )

ORDER

IN CRL OP(MD) No.12347 of 2025 Date :25/07/2025 AS/26.08.2025/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5