Nagendran v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.08.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Nagendran ... Petitioner/ Accused No.1 Vs The State of Tamilnadu Rep. by The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

(Crime No.243 of 2022) ... Respondent/ Complainant For Petitioner : Mr.J.Krishnakannan, Advocate.

For Respondent : Mr.S.Prakash, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 B.N.S.S. 1/5

PRAYER :- For Anticipatory Bail in Crime No.243 of 2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 448, 436, 427, 429 and 506(2) IPC and Section 11(1)(l) of Prevention of Cruelty to Animals Act, 1960 in Crime No.243 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that prior to the occurrence, on 09.10.2022, the respondent police took the defacto complainant's grandson for the purpose of investigation. On enquiry, the defacto complainant came to know that his grandson went along with one Rathinam and he murdered the said Rathinam. In such circumstances, on 10.10.2022, at about 11.00 a.m., the family members and relatives of the deceased Rathinam came to the house of the defacto complainant and damaged the properties worth about Rs.2,72,950/- and killed the dogs, pigeons and roosters. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution and that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. 2/5

Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that there are totally seven accused, the petitioner arrayed as A1 and that the petitioner and the other accused had damaged the defacto complainant's properties. He would further submit that the accused 2 to 6 were granted anticipatory bail by this Court in Crl.O.P.(MD)No.22898 of 2024 vide order dated 27.12.2024 and that the petitioner is having one previous case. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the fact that the accused 2 to 6 were granted anticipatory bail by this Court and even according to the prosecution case, the case on hand is pending from 2022 and sofar the respondent police have not taken any steps to secure 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 Judicial Magistrate, Nilakottai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees 3/5

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 Judicial Magistrate, Nilakottai 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, Nilakottai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Nilakottai;

(c) the petitioner shall report before the respondent police daily at 10.00 a.m., for thirty days and thereafter, as and when required for interrogation; (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 4/5

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/- 12/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO

1. The Judicial Magistrate, Nilakottai.

2. The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

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

ORDER

IN CRL OP(MD) No.13405 of 2025 Date :12/08/2025 PS/SAR.09.09.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5