Shanthi v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI 1.Shanthi W/o.Sivaraj.

2.Naveen Kumar, S/o.Sivaraj.

: Petitioners/A2 and A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Uthumalai Police Station, Tenkasi District.

(Crime No.316 of 2025) : Respondent/Complainant For Petitioners : Mr.M.Sankar, Advocate 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.316 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A2 and A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 329(4), 296(b), 115(2), 324(2), 351(3) BNS and Section 4 of Tamil Nadu Prohibition of Harassment of 1/5

Women Act, in Crime No.316 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the petitioners and the defacto complainant, the petitioners along with other accused person trespassed into the defacto complainant's house, abused him in filthy language and also assaulted him and caused injuries. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide any condition that may be imposed by this Court.

4.The learned Government Advocate (Criminal Side) for the respondent police submitted that there are totally 3 accused persons involved in this case. The petitioners are arrayed as A2 and A3. The first petitioner was arrested and is still in custody. Due to previous enmity, the petitioners along with other accused person trespassed into the house of the defacto complainant, attacked him and caused injuries. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the facts that the injured has been discharged from the hospital and taking note of the fact that the 2/5

occurrence had taken place on 26.07.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

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, Alangulam, 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, Alangulam, 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, Alangulam. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Alangulam;

(c) the petitioners shall report before the respondent police daily at 10.30 a.m., 3/5

until further orders;

(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 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/- 04/08/2025 / 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, Alangulam, Tenkasi District.

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2.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

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

+1 CC to M/s.M.SANKAR, Advocate ( SR-8469[I] dated 06/08/2025 )

ORDER

IN CRL OP(MD) No.12831 of 2025 Date :04/08/2025 SBN/26.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5