Rajkumar v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY 1.Rajkumar 2.Elango 3.Vanitha ... Petitioners/A1, A3 & A4 Vs The State of Tamil Nadu, Rep By The Inspector of Police, Sellur Police Station, Madurai City, Madurai District.
(Crime No.988 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Saravanakumar Advocate.
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 Cr.No.988 of 2025 on the file of the respondent police.
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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 191(2), 191(3), 61(2), 296(b), 115(2), 305(a), 329(2) and 351(3) of BNS, 2023 and Section 3 of TNPPDL Act, 1992, in Crime No.988 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to property dispute between neighbours, the petitioners along with other accused persons have trespassed into the defacto complainant's property and demolished the entire premises and caused damaged to the same worth about Rs. 32,00,000/-. Further, the accused persons abused the defacto complainant in filthy language and criminally intimidated him with dire consequences. Hence, the complaint has been registered, as per the order of the learned Magistrate in Crl.M.P.No.4741 of 2025, dated 15.06.2025.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the 2/7
petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that there is no previous case pending against the petitioners and the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact that the investigation has been almost completed and there is no previous case pending against the 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 arrest or on their appearance, on condition that the petitioners shall execute a 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 learned Judicial Magistrate No.II, Madurai, within a 3/7
period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar card or bank pass book to ensure their identity; [b] the petitioners shall stay at Virudhunagar and report before the Inspector of Police, Bazaar Police Station, Virudhunagar District, daily at 10.30 a.m., until further orders.
[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during investigation or trial.
[e]On breach of any of the aforesaid conditions, the 4/7
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 is 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].
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
7. Accordingly, this Criminal Original Petition is allowed. (S S Y J) 03.09.2025 vsg 5/7
To
1. The learned Judicial Magistrate No.II, Madurai. 2.The Inspector of Police, Sellur Police Station, Madurai City, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J.
vsg
ORDER
IN CRL OP(MD) No.14518 of 2025 Date : 03.09.2025 7/7