Dhanapal v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Dhanapal :Petitioner/A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Kallakudi Police Station, Trichy District.

(Crime No.182 of 2025) : Respondent/Complainant For Petitioner : Mr.D.senthil, Advocate.

For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Cr.No.182 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b) of BNS Act and under 1/5

Section 4 of Tamil Nadu Prohibition of Woman Harassment Act, in Crime No.182 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel taken place between two groups regarding Boomibalan Kovil Thiruppani work at Malwai due to which, the petitioner along with other accused persons have abused the defacto complainant in filthy language and attacked her with hands and caused injuries. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. The co-accused/A4 and A5 were already granted anticipatory bail by this Court in Crl.OP(MD)No.12560 of 2025, dated 29.07.2025. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are totally five accused persons involved in this case and the petitioner is arrayed as A2. He further submitted that no one was sustained injuries and the investigation is almost completed. He further submitted that there is no previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioners.

2/5

5.Considering the facts and circumstances of the case and also the fact that no one was sustained injuries and the investigation has been almost completed and the co-accused/A4 and A5 were already granted anticipatory bail by this Court and taking note of the fact that the petitioner is not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioners, 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 Judicial Magistrate, Lalgudi, 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 Judicial Magistrate, Lalgudi, 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 Judicial Magistrate, Lalgudi. In the event of any change in his residential address, the petitioner shall report the same to the Judicial Magistrate, Lalgudi,; 3/5

(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 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/- 31/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

das 4/5

To 1.The Judicial Magistrate, Lalgudi.

2.Do through the Chief Judicial Magistrate, Trichy District.

3.The Inspector of Police, Kallakudi Police Station, Trichy District.

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

+1 CC to M/s.D.SENTHIL, Advocate ( SR-8358[I] dated 04/08/2025 )

ORDER

IN CRL OP(MD) No.12796 of 2025 Date :31/07/2025 PS/SAR.21.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5