Karnan v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Karnan, S/o.Rasudevar 2.Nagammal, W/o.Karnan 3.Yogesh, S/o.Jeyaraj 4.Ranjith, S/o.Karnan ... Petitioners/Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Mayiladumparai Police Station, Theni District.

(Crime No.46 of 2025) ... Respondent/Complainant For Petitioners : Mr.H.Velava Dhas, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.46 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 109, 115(2), 118(1), 351(3), 49 and 324(4) of BNS, 2023 in Crime No.46 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant is the head constable of a police station. The petitioners and the de-facto complainant are adjacent land owners. Due to land dispute, on 19.07.2025, the petitioners attacked the de-facto complainant with a sickle. Hence, the present case has been registered.

3. The learned counsel appearing for the petitioners submitted that this is a case, case in counter. In fact, it was the de-facto complainant who attacked the 1st 2/6

petitioner, thereby causing a grievous head injury. A case has also been registered against the de-facto complainant in Crime No.45 of 2025 on the file of the respondent police. He submitted that the petitioners are innocent persons, and have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Crl. side) submitted that this is a case, case in counter. There are totally four accused persons in this case. He further submitted that there are two previous cases registered against the 1st accused, and the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also taking note of the fact that this is a case, case in counter, and that the injured has been discharged from the hospital, and that the 1st petitioner has also sustained injury, and that as the date of occurrence is 19.07.2025, by this time material part of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 3/6

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Andipatti on condition that the petitioners shall execute a bond for a sum of Rs.

25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Andipatti failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a) the petitioners 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Andipatti.

(c) the petitioners shall report before the Inspector of Police, Allinagaram Police Station, Theni daily at 10.30 a.m. until further orders; 4/6

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves 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/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 31/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1 THE JUDICIAL MAGISTRATE ANDIPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

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3 THE INSPECTOR OF POLICE, MAYILADUMPARAI POLICE STATION, THENI DISTRICT.

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

Copy to The Inspector of Police, Allinagaram Police Station, Theni.

+1 CC to M/s.H.VELAVADHAS, Advocate ( SR-8283[I] dated 01/08/2025 )

ORDER

IN CRL OP(MD) No.12510 of 2025 Date :31/07/2025 AS/07.08.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6