Suresh v. The State Of Tamil Nadu, Represented By The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Suresh, S/o.Sudalaimuthu : Petitioner/A1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Ambasamudram Police Station, Ambasamudram, Tirunelveli District.
(Crime No.228 of 2025) : Respondent/Complainant For Petitioner : Mr.N.Vignesh, 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.228 of 2025 on the file of the Respondent Police. 1/5
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 and Section 4 of TNPHW Act 2002, Crime No.228 of 2025 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner and the defacto complainant are neighbours. On 10.06.2025, the petitioner's goat entered into the house of the defacto complainant and consumed rice stored therein. Hence, there arose a wordy quarrel between the petitioner and the defacto complainant. During the quarrel, it is alleged that the petitioner along with other accused abused the defacto complainant in filthy language and assaulted her by pelting a stone, thereby causing 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 is not having any previous case and the coaccused/A3 & A4 have been granted anticipatory bail by the learned Principal Sessions Judge, Tirunelveli in Cr.M.P.No.2586 of 2025. 2/5
4.The learned Government Advocate (Criminal Side) submitted that the petitioner's goat entered into the house of the defacto complainant and consumed rice stored therein. Hence, there arose a wordy quarrel between the petitioner and the defacto complainant. Due to which, the petitioner along with other accused abused the defacto complainant in filthy language and also assaulted her by pelting a stone and caused injuries. He further submitted that the injured was discharged from the hospital and the co-accused A3 and A4 were granted anticipatory bail. 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 co-accused/A3 and A4 were granted anticipatory bail by the learned Principal Sessions Judge, Tirunelveli , and also considering the fact that the petitioner is not having any previous case, 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, 3/5
Ambasamudram, 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, Ambasamudram, 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, Ambasamudram. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Ambasamudram;
(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 4/5
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, Ambasamudram.
2.The Inspector of Police, Ambasamudram Police Station, Ambasamudram, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.N.VIGNESH, Advocate ( SR-8090[I] dated 28/07/2025 )
ORDER
IN CRL OP(MD) No.12374 of 2025 Date :25/07/2025 HPS/02.09.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5