Suresh Kumar v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.09.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY Suresh Kumar ... Petitioner/Accused No.4 Vs The State of Tamil Nadu Represented by The Inspector of Police, Kadupatty Police Station, Madurai District.

(Cr.No.284 of 2019) ... Respondent/Complainant For Petitioner : Mr.Muthu Mangaleswaran P For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.284 of 2019 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 399 of IPC in S.C.No.27 of 2022 on 1/6

the file of the learned Additional Chief Judicial Magiatrate Court, Madurai in Crime No.284 of 2019 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant/ police lodged a complaint stating that while on their patrolling duty on the secret information received, they went to the occurrence place, wherein they found that the accused person along with other accused persons planning to commit robbery and on seeing the respondent police officials the accused persons ran away from the incident spot. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. After the respondent police has completed the investigation and filed a charge sheet and the same was taken on file in S.C.No.27 of 2022 on the file of the learned Additional Chief Judicial Magiatrate, Madurai. He further submitted that the petitioner was not appear before the trial Court on 05.06.2025. Hence, Non-bailable Warrant was issued against the petitioner. He further submits that the petitioner undertakes that he will not abscond and he will regularly appear before the Trial Court on hearing dates without fail. He further submitted that the petitioner is ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) submitted that there are four previous cases pending against the petitioner and he was failed to appear before the concerned Magistrate and hence NBW was issued against the petitioner. He further submitted that the investigation has been completed and the charge sheet has also been filed. 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 investigation has been completed and the charge sheet has also been filed and also considering the undertaking given by the learned counsel for the petitioner, 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 Judicial Magistrate Court, Vadipatti, Madurai District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 Judicial Magistrate Court, Vadipatti, Madurai District and on further conditions that:

(a) the petitioner and the sureties shall affix their 3/6

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, Vadipatti, Madurai District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Vadipatti, Madurai District; (c) the petitioner shall report before the trial Court ie., the learned Additional Chief Judicial Magistrate, Madurai, on all hearings dates without fail. In case if the petitioner is not appearing even for a single day, this anticipatory bail will be cancelled automatically;

(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 4/6

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;

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

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

ebsi TO

1. The Additional Chief Judicial Magistrate, Madurai.

2. The Judicial Magistrate Court, Vadipatti, Madurai District.

3. The Inspector of Police, Kadupatti Police Station, Madurai District.

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

+1 CC to M/s.K.DINESH, Advocate ( SR-9510[I] dated 02/09/2025 ) 5/6

ORDER

IN CRL OP(MD) No.14326 of 2025 Date :01/09/2025 NBF/09/09/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6