Lakkayan v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P. VADAMALAI

1. Lakkayan, S/o.Chinnamuthu Naicker,

2. Ajithkumar, S/o.Lakkayan ..Petitioners/AccusedNos.1 & 2 Vs The State of Tamil Nadu, Rep. by the Sub-Inspector of Police, Natham Police Station, Dindigul District.

(Crime No.351 of 2025) .. Respondent/Complainant For Petitioners : Mr.C.Jeyaprakash 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.351 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 296(b), 115(2), 351(2) and Section 4 of the TNPHW Act, 2002 in Crime No.351 of 2025 on the file of the respondent police, seek 1/5

anticipatory bail.

2. The case of the prosecution is that on 18.07.2025 at about 05.00p.m. the petitioners herein had quarrelled with the defacto-complainant and his family members on account of the fact that one Bommuthai had tied her cow in the petitioners' property. When the same was questioned, there was a wordy quarrel between the both parties and the said Bommuthai sustained injuries and admitted in hospital. Hence the case.

3. The learned counsel for the petitioners would submit that these petitioners are also lodged a complaint against the defacto-complainant and the same was registered in Cr.No.352 of 2025 on the file of respondent police. The defactocomplainant lodged a false complaint against these petitioners. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) would submit that due to previous enmity, these petitioners attacked and abused the defacto-complainant by using filthy language and threatened with dire consequences. In this case, injured person was sustained simple injury and later he discharged from hospital on 2/5

29.07.2025. A case in counter in Cr.No.352 of 2025 has also been pending before the respondent police. In respect of Cr.No.352 of 2025, the accused persons therein were enlarged on anticipatory bail by the learned Principal Sessions Judge, Dindigul in Crl.M.P.no.1517/2025 dated 25.07.2025. There is no previous case against these petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also considering the fact that at the injured person was sustained simple injury and he was discharged from the hospital on 29.07.2025, a case in counter in Cr.No.352 of 2025 has also pending before the respondent police, in respect of Cr.No.352 of 2025, the accused persons therein were enlarged on anticipatory bail by the learned Principal Sessions Judge, Dindigul in Crl.M.P.no.1517/2025 dated 25.07.2025, there is no previous case pending against these petitioners, 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 District Munsif cum Judicial Magistrate, Natham on condition that the petitioner shall execute separate 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 3/5

intends to arrest or to the satisfaction of the learned District Munsif cum Judicial Magistrate, Natham 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 contact number to the learned District Munsif cum Judicial Magistrate, Natham. In the event of any change in their residential address, the petitioners shall report the same to the learned District Munsif cum Judicial Magistrate, Natham; (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;

(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; 4/5

(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.

gvn TO 1.The District Munsif cum Judicial Magistrate, Natham.

2. The Sub-Inspector of Police, Natham Police Station, Dindigul District.

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

+1 CC to M/s.C.JEYAPRAKASH, Advocate ( SR-8443[I] dated 05/08/2025 ) ORDER IN CRL OP(MD) No.12996 of 2025 Date :05/08/2025 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