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Madras High CourtCRL OP(MD)/13446/2025allowed

Vinu v. The State Of Tamil Nadu Rep. By

2025-08-20Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Vinu, S/o.Sundaram ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

(Crime No.310 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Jebastin, 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.310 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 351(3) of BNS, 2023 in Crime No.310 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the on 31.07.2025, the accused persons attacked the de-facto complainant, thereby causing injuries. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that it is a case, case in counter. In fact, it was the de-facto complainant who trespassed into the petitioner's house and damaged the vehicle of the petitioner which was parked in front of his house. A counter case has also been registered against the de-facto complainant in Crime No.311 of 2025 on the file of the respondent police. He submitted that the petitioner is an innocent person and is in no way connected with the alleged occurrence 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. 2/5

4. The learned Government Advocate (Criminal Side) submitted that it is a case, case in counter. The petitioner is the sole accused in this case. 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 it is a case, case in counter, and that the injured has already been discharged from the hospital, and that there are no previous cases registered against the petitioner, and that as the date of occurrence is 31.07.2025, by this time most of the investigation might have been completed, 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 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, Padmanabhapuram, 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, Padmanabhapuram, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: 3/5

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

(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; 4/5

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

sd/- 20/08/2025 / TRUE COPY / /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, Padmanabhapuram.

2.The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

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

+1 CC to M/s.S.JEBASTIN, Advocate ( SR-9053[I] dated 21/08/2025 )

ORDER

IN CRL OP(MD) No.13446 of 2025 Date :20/08/2025 AS/11.09.2025/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5