Soosai Raj v. The State Of Tamilnadu Rep By The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/08/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI

1. Soosai Raj

2. Kanagaraj

3. David Raj @ Joseph David Raj

4. Prabhakaran ... Petitioners/Accused Vs The State of Tamilnadu Rep By the Inspector of Police, Radhapuram Police Station, Tirunelveli District.

Crime No.368 of 2025.

... Respondent/Complainant For Petitioner : Mr.R.Mohanasundaram, For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.368 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), 118(1) and 351(3) of BNS 2023, in Crime No.368 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous motive, the petitioners assaulted the defacto complainant using iron rod and hands, abused him using filthy language and threatened him with dire consequences. Hence the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. Based on the occurrence, the petitioners also lodged a complaint against the defacto complainant, for which, an FIR in Crime No.370 of 2025 was registered and the same is pending. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners. 2/6

4. The learned Government Advocate (Criminal Side) submitted that the injured was admitted in the hospital on 04.08.2025 and subsequently, discharged from the hospital on 06.08.2025. There is no previous case pending against the petitioners. He further submitted that the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that there is no previous case pending against the petitioners. Taking note of the fact that the injured was discharged from the hospital and by this time, material part of the investigation might have been completed, 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 Judicial Magistrate, Radhapuram, on condition that the petitioners shall execute a 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 intends to arrest or 3/6

to the satisfaction of the learned Judicial Magistrate, Radhapuram, 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 mobile number to the learned Judicial Magistrate, Radhapuram. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Radhapuram. (c) the petitioners shall report before the respondent Police, daily at 10.30 a.m., for a period of one week and thereafter, they have to report before the Pallikaranai Police Station, Chennai daily at 10.00 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 4/6

petitioner 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;

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

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

LR TO

1. The Judicial Magistrate, Radhapuram.

2. The Inspector of Police, Radhapuram Police Station, Tirunelveli District.

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

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Copy to The Inspector of Police, Pallikaranai Police Station, Chennai.

ORDER

IN CRL OP(MD) No.13427 of 2025 Date :12/08/2025 AS/01.09.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6