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Madras High CourtCRL OP(MD)/12956/2025allowed

Thangapandian @ Thangapandi v. The State Of Tamilnadu

2025-08-05Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Thangapandian @ Thangapandi, S/o.Thangaraj .. Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Gandamanur Police Station, Theni District.

(Crime No.128 of 2025) .. Respondent/Complainant For Petitioner :Mr.K.Dinesh Advocate 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.128 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), 324(4), 115(2) of BNS and 4 of TNPHW Act in Crime No.128 of 2025 on the file of the respondent police, seek 1/5

anticipatory bail.

2. The case of the prosecution is that the accused person used to take bath in the open water tank provided by the Panchayat and due to the same, the Panchayat officials have warned him not to take bath in the common water tank. Once again, the accused person taking bath in half nude in the water tank, the defactocomplainant took the act of the accused and questioned about the bathing in the common water tank. The accused person quarrelled with the defacto-complainant and abused him with filthy language. Hence, the case.

3. The learned counsel for the petitioner would submit that the respondent police lodged a false case against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that this petitioner abused the defacto-complainant with filthy language. The defactocomplainant had sustained simple injury and admitted in hospital and after two days he discharged from hospital. In this case, a case in counter in Cr.No.131 of 2025 is pending before the respondent police. There is no previous case against the petitioner. However, he opposed to grant anticipatory bail to the petitioner. 2/5

5. Considering the facts and circumstances of the case and also considering the fact that the defacto-complainant had sustained simple injury and admitted in hospital and after two days he discharged from hospital, in this case, a case in counter in Cr.No.131 of 2025 is pending before the respondent police, there is no previous case against the petitioner, 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 anticipatory 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 learned Judicial Magistrate Court, Andipatti 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 learned Judicial Magistrate Court, Andipatti, 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 contact number to the learned Judicial Magistrate Court, Andipatti. In the event of any change in his 3/5

residential address, the petitioner shall report the same to the learned Judicial Magistrate Court, Andipatti;

(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/- 05/08/2025 / TRUE COPY / / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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gvn TO 1.The Judicial Magistrate, Andipatti, Theni District. 2.The Inspector of Police, Gandamanur Police Station, Theni District.

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

+1 CC to M/s.K.DINESH, Advocate ( SR-8437[I] dated 05/08/2025 )

ORDER

IN CRL OP(MD) No.12956 of 2025 Date :05/08/2025 SBN/28.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5