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Madras High CourtCRL OP(MD)/12354/2025allowed

Minor 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 Minor, S/o.Sundharam.

:Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Keelavalavu Police Station, Madurai District.

(Crime No.146 of 2025) : Respondent/Complainant For Petitioner : Mr.S.M.Arun Kumar, 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.146 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/5

The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 351(3) of BNS and Section 4 of TNPHW Act, in Crime No.146 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 28.06.2025, the petitioner went to the defacto complainant's house, abused her in filthy language, threw a stone at her with the intention to kill and hit her with household vessels and dragged her to the ground. Hence, the defacto complainant got fracture in her left hand and taken treatment. 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 on 28.06.2025, due to previous enmity, the petitioner went to the defacto complainant's house, abused her in filthy language, threw a stone at her with the intention to kill and hit her with household vessels and dragged her to the ground and caused injuries. He further submitted that the injured was discharged from the hospital and the petitioner is not having any previous case. 2/5

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 the occurrence had taken place on 28.06.2025, 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, Melur, 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, Melur, 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, Melur. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Melur;

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(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/- 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, Melur.

2. Do Through The Chief Judicial Magistrate, Madurai. 4/5

3.The Inspector of Police, Keelavalavu Police Station, Madurai District.

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

+1. CC to M/S. ARUN KUMAR. S.M Advocate SR.No.46218 (F) dated 25/07/2025

ORDER

IN CRL OP(MD) No.12354 of 2025 Date :25/07/2025 HPS/21.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5