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Madras High CourtCRL OP(MD)/13054/2025allowed

Yogathas v. The State Of Tamilnadu

2025-08-06Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Yogathas, S/o.Veerappan ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Madukkur Police Station, Thanjavur District.

(Crime No.208 of 2025) ... Respondent/Complainant For Petitioner : Mr.P.Balamurugan, 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.208 of 2025 on the file of the Respondent Police. 1/6

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), 115(2), 118(1) and 351(2) of BNS, 2023 in Crime No.208 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity between the petitioner and the de-facto complainant, on 26.05.2025, at about 10.00 p.m., while the de-facto complainant was sitting near Maha Grocery Shop, the petitioner/A2, along with his brother, approached the de-facto complainant, picked a quarrel with him, and attacked him with a wooden log, thereby causing injuries. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner was already granted anticipatory bail by the learned Principal Sessions Judge, Thanjavur, on 20.06.2025 in Crl.M.P.No.3319 of 2025, subject to certain conditions. However, as the petitioner could not produce sureties before the concerned Court within the stipulated period, the anticipatory bail granted to him 2/6

stood automatically cancelled. He further submitted that the petitioner is an innocent person and is in no way connected with the alleged offence as stated by the prosecution. He has been falsely implicated in this case. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Criminal Side) submitted that there are totally two accused persons in this case and the petitioner has been arrayed as A2. There are no previous cases registered against the petitioner. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, the nature of the offence, and taking note of the fact that the injured has been discharged from the hospital, and that the petitioner had already been granted anticipatory bail which was cancelled solely for non-production of sureties, and that there are no previous cases registered against the petitioner, and that as the date of registration of FIR is 31.05.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject 3/6

to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Pattukkottai, Thanjavur District, 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Pattukkottai, Thanjavur District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 learned Judicial Magistrate, Pattukkottai, Thanjavur District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Pattukkottai, Thanjavur District; 4/6

(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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 06/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 The Judicial Magistrate, Pattukkottai.

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2. The Chief Judicial Magistrate, Thanjavur District.

3 The Inspector of Police, Madukkur Police Station, Thanjavur District.

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

+1 CC to M/s.P.BALAMURUGAN, Advocate ( SR-8531[I] dated 07/08/2025 )

ORDER

IN CRL OP(MD) No.13054 of 2025 Date :06/08/2025 NM/26.08.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6