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Madras High CourtCRL OP(MD)/13129/2025partly allowed

Niranjan v. The State Of Tamil Nadu Rep. By

2025-08-11Honourable Mr Justice P.Vadamalai7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Niranjan, S/o.Ramesh 2.Thirugnanasambantham @ Bablu, S/o.Venkatesa Perumal ... Petitioners/Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Sellur Police Station, Sellur, Madurai City.

(Crime No.906 of 2025) ... Respondent/Complainant For Petitioners : Mr.N.Pragalathan, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/7

PRAYER :- For Anticipatory Bail in Crime No.906 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351

(3) of BNS, 2023 in Crime No.906 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant is the maternal uncle of the 1st petitioner's friend. The said friend committed suicide. On 26.07.2025, at about 5.30 p.m., while the de-facto complainant was standing in front of a tea stall, the petitioners approached him and attacked him, stating that their friend had committed suicide due to the torture caused by the de-facto complainant. Hence, the present case has been registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by 2/7

this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Crl. Side) submitted that there are two accused persons in this case. The petitioners attacked the de-facto complainant with a sickle, as a result of which the de-facto complainant sustained bleeding injuries. He submitted that no previous cases have been registered against the 1st accused, whereas four previous cases have been registered against the 2nd accused, one of which relates to an offence under Section 302 of IPC. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case, the nature of the offence allegedly committed by the accused, the previous bad antecedents of the 2nd accused/2nd petitioner, and the fact that the case is still under investigation, this Court is not inclined to grant anticipatory bail to the 2nd petitioner at this stage. However, taking note of the fact that no previous cases have been registered against the 1st petitioner, and that the injured has been discharged from the hospital, and that as the date of registration of FIR is 26.07.2025, the material part of the investigation might have already been completed, this Court is inclined to grant 3/7

anticipatory bail to the 1st petitioner, subject to certain conditions.

6. Accordingly, the 1st 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 No.II, Madurai, Madurai District on condition that the 1st 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 No.II, Madurai, Madurai District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the 1st 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 1st petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Madurai, Madurai District. In the event of any change in his residential address, the 1st petitioner shall report the same to the 4/7

learned Judicial Magistrate No.II, Madurai, Madurai District; (c) the 1st petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

(d) the 1st petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the 1st 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 1st petitioner in accordance with law as if the conditions have been imposed and the 1st 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 1st accused/1st petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

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7. Accordingly, this Criminal Original Petition is allowed as against the 1st petitioner and is dismissed as against the 2nd petitioner. sd/- 11/08/2025 / 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 No.Ii, Madurai.

2 Do Through The Chief Judicial Magistrate, Madurai 3 The Inspector of Police, Sellur Police Station, Sellur, Madurai.

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

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-8703[I] dated 12/08/2025 ) 6/7

ORDER

IN CRL OP(MD) No.13129 of 2025 Date :11/08/2025 NM/26.08.2025/ 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7