G. Saravanan v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.09.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY G.Saravanan S/o. Govintharasu ... Petitioner/Accused No.3 Vs The State of Tamil Nadu Represented by its, The Inspector of Police, Vattathikkottai Police Station, Thanjavur District.
(Cr.No.101 of 2014) ... Respondent/Complainant For Petitioner : Mr.S.Suresh Manickam For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in C.C.No.520 of 2014 on the file of the Judicial Magistrate Court, Pattukkottai.
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ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 506 (ii) of IPC in C.C.No.520 of 2014 on the file of the Judicial Magistrate Court, Pattukkottai in Crime No.101 of 2014 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and his family members are doing agriculture work. The petitioner and his family stored the hay for their cows. While being so, on 19.07.2014 at about 12.45 a.m the stored hay was fired, at the time the de-facto complainant crossed the occurrence place, Hence under suspicious circumstances, the petitioner is arrayed as accused No.3 and also it is alleged that the petitioner abused the de-facto complainant with filthy language and threatened with dire consequences. Based on the complaint of the de-facto complainant this FIR came to be registered. 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 C.C.No.520 of 2014 on the file of the 2/6
learned Judicial Magistrate Court, Pattukottai. He further submitted that the petitioner was not appear before the trial Court on 18.12.2024. 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.
4. The learned Government Advocate (Criminal Side) submitted that the petitioner 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.
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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, Pattukkottai, 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, Pattukkottai 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 Court, Pattukottai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Pattukkottai;
(c) the petitioner shall report before the trial Court ie., 4/6
the Judicial Magistrate Court, Pattukottai, on 09.09.2025 and thereafter shall appear on all hearings dates without fail. (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;
(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.
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ebsi TO
1. The Judicial Magistrate, Pattukottai.
2. The Inspector of Police, Vattathikkottai Police Station, Thanjavur District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.SURESH MANICKAM, Advocate ( SR-9452[I] dated 01/09/2025 )
ORDER
IN CRL OP(MD) No.14341 of 2025 Date :01/09/2025 HPS/16.09.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6