Krishnakumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.09.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY

1. Krishnakumar

2. Uchiudaiyar

3. Muthumari

4. Manisha ... Petitioners/ Accused No.2 to 4 Vs The State of Tamil Nadu Represented by its The Sub Inspector of Police, Uthumalai Police Station, Tenkasi District.

(Cr.No.334 of 2025) ... Respondent/Complainant For Petitioners : Mr.A.Arun Ramnath For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS/ Section 438 of Cr.P.C., 1/5

PRAYER :- For Anticipatory Bail in Crime No.334 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), 351 (3) of BNS and Section 4 of TNPHW Act, in Crime No.334 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, on the occurrence day during temple festival a wordy quarrel arose between the de-facto complainant and the petitioners regarding pulling the Temple Cart. This resulting in attacking each other and both side sustained injuries. This is a case and case-in-counter. For the said reasons the respondent registered FIR. Hence, the present case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. He further submitted that there is no previous case pending against these petitioners. He further submitted that the petitioners are ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the 2/5

investigation is almost completed and there is no previous case pending against these petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the investigation has been completed and there is no previous case pending against these petitioners, 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 Judicial Magistrate Court, Alangulam, Tenkasi District, on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 to the satisfaction of the Judicial Magistrate, Alangulam,Tenkasi District 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 his residential address 3/5

and mobile number to the learned Judicial Magistrate, Alangulam,Tenkasi District. In the event of any change in his residential address, the petitioners shall report the same to the learned Judicial Magistrate, Alangulam,Tenkasi District; (c) the first petitioner shall report before the respondent police weekly once ie. Saturday at 10.30 a.m., until further orders; petitioners 2 to 4 shall report before the respondent police as and when required for interrogation. (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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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

sd/- 01/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ebsi TO

1. The Judicial Magistrate, Alangulam, Tenkasi District.

2. The Sub Inspector of Police, Uthumalai Police Station, Tenkasi District.

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

+1 CC to M/s.A.ARUN RAMNATH, Advocate ( SR-9523[I] dated 02/09/2025 )

ORDER

IN CRL OP(MD) No.14305 of 2025 Date :01/09/2025 SBN/11.09.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5