R.Kumaresan v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.07.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI R.Kumaresan .. Petitioner/ Accused No.1 Vs State of Tamil Nadu, Rep. by the Inspector of Police, Kattuputhur Police Station, Trichy District.

(Crime No.231 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Senthilkumar 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.231 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 the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS, in Crime No.231 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/5

2. The case of the prosecution is that the petitioner and the defacto complainant are friends and they had consumed alcohol, at that time, there was a wordy quarrel, the petitioner along with other accused persons had attacked the defacto complainant with a stick and their hands and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that co-accused had already been arrested and thereafter, he was released on bail by the Judicial Magistrate, Thottiyam. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there totally four accused persons involved in this case and the petitioner is arrayed as A1 and there are 3 previous cases pending against the petitioner. He further submitted that the injured person has been discharged from the hospital and the investigation is almost completed . However, he opposed for grant of anticipatory bail to the petitioner.

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5. Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital on 05.06.2025 and co-accused had already been granted bail by the Judicial Magistrate, Thottiyam and 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 District Munsif cum Judicial Magistrate, Thottiyam, Tiruchirapalli District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 District Munsif cum Judicial Magistrate, Thottiyam, Tiruchirapalli 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; 3/5

(b) the petitioner shall furnish his residential address and mobile number to the District Munsif cum Judicial Magistrate, Thottiyam, Tiruchirapalli District. In the event of any change in his residential address, the petitioner shall report the same to the District Munsif cum Judicial Magistrate, Thottiyam, Tiruchirapalli District. (c) the petitioner shall stay at Dindigul and report before the Inspector of Police, Dindigul Taluk Police Station, daily at 10.00 a.m., and 05.00 p.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;

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(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 29/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To 1.The District Munsif cum Judicial Magistrate, Thottiyam, Tiruchirapalli District.

2.Do Through The Chief Judicial Magistrate, Dindigul District. 3.The Inspector of Police, Kattuputhur Police Station, Trichy District.

4. The Inspector of Police, Dindigul Taluk Police Station, Dindigul.

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

+1 CC to M/s.S.SENTHILKUMAR, Advocate ( SR-8112[I] dated 29/07/2025 ) ORDER IN CRL OP(MD) No.12565 of 2025 Date :29/07/2025 SBN/19.08.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5