Raja v. State Of Tamilnadu Rep By 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 Raja ... Petitioner/Sole Accused Vs The State of Tamil Nadu Represented by its The Inspector of Police, Valliyoor Police Station, Tirunelveli District.
(Cr.No.409 of 2025) ... Respondent/Complainant For Petitioner : Mr.C.Susikumar 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.409 of 2025 on the file of the Respondent Police. 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 126(2),296(b), 115(2) and 308(4) BNS 2023, in Crime No.409 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant, he is working at
Coimbatore a month before he borrowed a sum of Rs.1000/- from the petitioner. Subsequently, he unable to pay the amount. On 07.07.2025 he came to his native for attending marriage, at that time the petitioner said to have way laid abused and robbed Rs.500/- from his pocket also made serious life threat with the above allegation FIR came to be registered. Hence, the complaint.
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. 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 there are 11 previous cases registered against the petitioner and he is a history sheeter. However, he opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and the nature of the offence allegedly committed by the petitioner and taking note of the fact that as the date of registration of FIR is dated 08.07.2025, by this time most of the investigation might have been completed, 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, Valliyoor, 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 learned Judicial Magistrate, Valliyoor 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 his 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, Valliyoor. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Valliyoor;
(c ) the petitioner shall report before the Judicial Magistrate Court, Valliyoor, daily at 10.30.a.m., until further orders and cooperate for enquiry before the respondent
police.
(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 / /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, Valliyoor.
2. The Inspector of Police, Valliyoor Police Station, Tirunelveli District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-9599[I] dated 03/09/2025 )
ORDER
IN CRL OP(MD) No.14340 of 2025 Date :01/09/2025 SBN/10.09.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023