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Madras High CourtCRL OP(MD)/12655/2025allowed

Haribaskar v. The State Of Tamilnadu Rep. By

2025-08-04Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Haribaskar, S/o.Bringlin ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, K.Pudur Police Station, Madurai District.

(Crime No.386 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.Nawaz Khan, Advocate for M/s.Ajmal Associates For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.386 of 2025 on the file of the Respondent Police. 1/6

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), 127(2), 140(3), 115(2) and 351(3) of BNS, 2023 in Crime No.386 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 16.07.2025, at about 1.30 p.m., while the de-facto complainant, along with his two cousins, had gone to change a bike tyre, the petitioner sent a message to one of his cousins' phone stating that he had come to Madurai to meet him. The de-facto complainant took his cousin's phone and went to meet the petitioner. It is alleged that the petitioner, along with three others, forced the de-facto complainant into his car and threatened him, asking his cousin to come to the spot. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. In fact, on the date of occurrence, the de-facto complainant himself entered the car, and they discussed about the amicable settlement of the issue that had arisen between the petitioner and the de-facto complainant's cousin in Russia. 2/6

He further submitted that the petitioner is a college-going student pursuing an MBBS degree in Russia. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that there are totally four accused persons in this case and the petitioner has been arrayed as A1. No one sustained any injuries due to the incident. He further submitted that there are no previous cases registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that there are no previous cases registered against the petitioner, and that no one sustained any injuries due to the incident, and that as the date of occurrence is 16.07.2025, by this time material part 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 3/6

arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.VI, Madurai, 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.VI, Madurai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 No.VI, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.VI, Madurai;

(c) the petitioner shall report before the respondent police daily at 06.00 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; 4/6

(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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 04/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 The Judicial Magistrate No.Vi, Madurai.

2 The Inspector of Police, K.Pudur Police Station, Madurai District.

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

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+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-8415[I] dated 05/08/2025 )

ORDER

IN CRL OP(MD) No.12655 of 2025 Date :04/08/2025 NM/28.08.2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6