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Madras High CourtCRL OP(MD)/13513/2025allowed

Jeyakodi v. The State Of Tamil Nadu Rep. By

2025-08-20Honourable Mr Justice P.Vadamalai7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI and CRL MP(MD). No.11028 of 2025 1.Jeyakodi, S/o.Chellaiah Nadar 2.J.K.Raja Singh, S/o.Jeyakodi ... Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Thirumangalam Town Police Station, Madurai District.

(Crime No.272 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Prabhu, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) For Intervenor : Mr.M.Suresh, Advocate 1/7

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.272 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 351(2) of BNS, 2023 r/w. Section 4 of TNPWH Act in Crime No.272 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the 1st accused and the de-facto complainant are siblings. Due to a property dispute pending between them, a wordy quarrel arose on 03.08.2025. It is alleged that the petitioners attacked the de-facto complainant with their hands and threatened him with dire consequences. Hence, the present case was registered.

3. The learned counsel appearing for the petitioners submitted that two civil suits are pending between the petitioners and the de-facto complainant in O.S.Nos.127 and 243 of 2025 on the file of the Sub Court, Thirumangalam. In fact, it was the de-facto complainant who trespassed into the petitioners' land and cut down 2/7

the banana trees. In order to escape from the said offence, he lodged the present false complaint against the petitioners. He submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. However, the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned counsel for the intervenor submitted that the de-facto complainant is a physically challenged person. On 03.08.2025, while the de-facto complainant was standing in front of his house along with his wife, the accused persons approached them, abused the de-facto complainant in filthy language, assaulted him, and threatened him with dire consequences. When the de-facto complainant's wife attempted to rescue her husband, the accused persons pulled her hair, assaulted her as well, and also threatened her with dire consequences. He further submitted that if anticipatory bail is granted to the petitioners, stringent conditions may be imposed. However, he strongly opposed to grant anticipatory bail to the petitioners.

5. The learned Government Advocate (Crl. side) submitted that the petitioners have been arrayed as A1 and A2. There are no previous cases registered against the petitioners. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners. 3/7

6. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that the injured has been discharged from the hospital, and that as the date of occurrence is 03.08.2025, 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.

7. Accordingly, the petitioners are ordered to be released on bail in the event of 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, Thirumangalam, Madurai District, 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Thirumangalam, Madurai District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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, Thirumangalam, Madurai District. In the event of any 4/7

change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Thirumangalam, Madurai District; (c) the petitioners shall stay at Dindigul and sign before the Inspector of Police, Dindigul Taluk Police Station, Dindigul District daily twice i.e. at 10.00 a.m. and 05.00 p.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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves 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/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

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8. Accordingly, this Criminal Original Petition is allowed. Consequently, the connected Criminal Miscellaneous Petition is closed. 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, Thirumangalam, Madurai District.

2.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

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

Copy to The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

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+1 CC to M/s.S.PRABHU, Advocate ( SR-9092[I] dated 22/08/2025 )

ORDER

IN CRL OP(MD) No.13513 of 2025 Date :20/08/2025 AS/11.09.2025/7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7