Sudharsan v. The State Of Tamilnadu Rep By The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Sudharsan ..Petitioner/ Accused No.1 Vs The State of Tamilnadu rep.by The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.228 of 2025) .. Respondent/Complainant For Petitioner : Mr.Rajiv Gandhi 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.228 of 2025 on the file of the Respondent Police.

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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) and 351(3) of BNS 2023 in Crime No.228 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 30.07.2025, during the temple Kumbabishegam, due to previous enmity, the petitioner along with other accused persons, has attacked the defacto complainant with wooden log and abused him in filthy language. Due to this incident, the defacto complainant sustained injuries. Hence a complaint was given and a case has been registered. 3.The learned counsel for the petitioner would submit that the petitioner is innocent 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 petitioner is arrayed as Accused No.1 in this case. The petitioner attacked the defacto complainant with wooden log and thereforehe sustained injuries. The defacto complainant took treatment in the hospital as out patient. A counter case is 2/5

also filed by the petitioner and others against the defacto complainant in Crime No.227 of 2025. In this case Accused Nos.2 to 4 were granted anticipatory bail by order dated 08.08.2025 by the learned Principal Sessions Judge, Ramanathapuram in Crl.M.P.No.1851 of 2025. He further submitted that the petitioner is having previous cases. However, he opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case, and also the fact that the injured was treated as out patient and the other accused have been enlarged on anticipatory bail by the learned Principal Sessions Judge, Ramanathapuram and also taking into account of the fact that by this time, material part of the investigation might have been completed, custodial interrogation of the petitioner is not necessary, 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, Paramakudi, Ramanathapuram 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 arrest or to the satisfaction of the learned Judicial Magistrate, Paramakudi, 3/5

Ramanathapuram 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, Paramakudi, Ramanathapuram District. In the event of any change in his residential address, the petitioner shall report the same to the Judicial Magistrate, Paramakudi, Ramanathapuram District; (d) the petitioner shall stay at Sivagangai and sign before the Sivagangai Town police station, daily twice at 10.00 a.m. and 5.00 p.m., until further orders; (e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial; (g) 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

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

sd/- 14/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO:- 1.The Judicial Magistrate, Paramakudi, Ramanathapuram District.

2.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

3.The Inspector of Police, Sivagangai Town Police Station, Sivagangai.

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

ORDER

IN CRL OP(MD) No.13553 of 2025 Date :14/08/2025 SBN/09.09.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5