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Madras High CourtCRL OP(MD)/12693/2025allowed

Bellarmin v. The State Of Tamil Nadu Rep.By

2025-07-31Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI 1.Bellarmin 2.Antony @ Sahaya Sherlin Antony 3.Sejin @ Robert Sejin 4.Seelan Babu 5.Jimson @ Sahaya Jimson 6.Glory 7.John Roshly : Petitioners/A1 to A7 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Colachel Police Station, Kanyakumari District.

(Crime No.198 of 2025) : Respondent/Complainant For Petitioners : Mr.M.P.Roniga, Advocate For Respondent : Mr.S.Prakash, 1/6

Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. PRAYER :- For Anticipatory Bail in Crime No.198 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 351(3) of BNS in Crime No.198 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that there was some previous enmity between the petitioners and the defacto complainant, due to which, on 19.07.2025 at about 04.30 pm, the petitioners along with other accused abused the defacto complainant in filthy language and assaulted him using sickle and stone and caused injuries. Hence, the complaint.

3.The learned counsel for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. 2/6

He further submitted that the counter case in crime No.199 of 2025 against the defacto complainant and others is pending and the petitioners are ready and willing to abide any conditions that may be imposed by this Court.

4. The learned Government Advocate (Criminal Side) for the respondent police submits that there are totally 10 accused in this case. There was some previous enmity between the petitioners and the defacto complainant, due to which, on 19.07.2025 at about 04.30 pm, the petitioners along with other accused abused the defacto complainant in filthy language and assaulted him using sickle and stone and caused injuries. Both parties were attacked each other and counter case in Crime No.199 of 205 is pending. He further submitted that the injured was discharged from the hospital and the petitioners are not having any previous case.

5. Considering the facts and circumstances of the case and also the facts that the injured was discharged from the hospital and the petitioners are not having any previous case for similar or serious offence and taking note of the fact that the counter case in Crime No.199 of 2025 is pending, 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 their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Eraniel on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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, Eraniel and on further conditions 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, Eraniel. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Eraniel;

(c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

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

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(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 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/- 31/07/2025 / 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, Eraniel.

2.Do Through The Chief Judicial Magistrate, Kanyakumari District @ Nagercoil.

3.The Inspector of Police, Colachel Police Station, Kanyakumari District.

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

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+1 CC to M/s.M.P.RONIGA, Advocate ( SR-8259[I] dated 31/07/2025 )

ORDER

IN CRL OP(MD) No.12693 of 2025 Date :31/07/2025 HPS/20.08.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6