Seenivasan 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. Seenivasan

2. Damodaran ... Petitioners/ Accused Vs The State of Tamil Nadu Represented by The Inspector of Police, Gandamanur Police Station, Theni District.

(Cr.No.144 of 2025) ... Respondent/Complainant For Petitioners : Mr.M.Pozhilan 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 Crime No.144 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 194 B.N.S.S., @ 108 BNS in Crime No.144 of 2025 on the file of the respondent police, seek anticipatory bail. 1/5

2. The case of the prosecution is that on 11.08.2025 around 6.00 p.m., while the defacto complainant's daughter was walking to a nearby shop, the petitioners stopped her. Prior to the occurrence, the deceased sent a voice note and a picture to his sister stating that the accused persons were preventing him from constructing his house. Being upset over the same, he committed suicide by hanging himself. Hence, the defacto complainant preferred a complaint before the respondent police on 11.08.2025 based on which the present FIR has been registered. Hence the 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 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 investigation is pending. 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 is pending, 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 2/5

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 learned Judicial Magistrate, Andipatti on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten 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 learned Judicial Magistrate, Andipatti 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 their residential address and mobile number to the learned Judicial Magistrate, Andipatti. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Andipatti;

(c ) the petitioners are directed to appear before the respondent police on 03.09.2025 for investigation and thereafter as and when required for the purpose of 3/5

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;

(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, Andipatti.

2. The Inspector of Police, Gandamanur Police Station, Theni District.

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

ORDER

IN CRL OP(MD) No.14406 of 2025 Date :01/09/2025 NBF/09/09/2025/ 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5