Vasanth v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P. VADAMALAI Vasanth, S/o.Arumugam,

...Petitioner/Accused No.3

Vs The State of TamilNadu rep.by The Inspector of Police, Koodalpudur Police Station, Madurai City.

(Crime No.695 of 2025) ... Respondent/Complainant For Petitioner : M/s.J.Yogeswaran 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.695 of 2025 on the file of the Respondent Police. 1/6

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), 115(2), 118(1) & 351(3) of BNS in Crime No.695 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, on 29.07.2025 at about 11.00a.m. When the defacto-complainant was going to his work place this petitioner along with two others abused him with filthy language and attacked with wooden log and criminally intimidated him. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner name is not at all mentioned in the FIR. The Accused Nos.1 and 2 have committed the said occurrence. The petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He further submits that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the 2/6

petitioner and others attacked the defacto-complainant with wooden log. The defacto-complainant sustained simple injury and he was treated as out patient. The accused Nos.1 and 2 are still in judicial custody. A case in counter in Cr.No.694/2025 is pending before the respondent police. There is no previous case against this petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking into account of the fact that a counter case in counter in Cr.No.694 of 2025 is pending before the respondent police, the co-accused are still in judicial custody, the injured person was treated as out patient, there is no previous case against this 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 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 No.IV, Madurai 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 to the Police Officer, who intends to 3/6

arrest or to the satisfaction of the learned Judicial Magistrate Court No.IV, Madurai District, 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 mobile number to the learned Judicial Magistrate Court No.IV, Madurai District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate Court No.IV, Madurai District; (c) the petitioner shall appear and sign 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; 4/6

(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/- 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.

GVN TO 1 The Judicial Magistrate No.Iv, Madurai .

2 The Inspector of Police, Koodalpudur Police Station, Madurai .

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

+1 CC to M/s.J.YOGESWARAN, Advocate ( SR-8781[I] dated 13/08/2025 )

ORDER

IN CRL OP(MD) No.13193 of 2025 Date :11/08/2025 NM/29.08.2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6