Praveen v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 15091 of 2025 1.M.Praveen 2.M.Sethupathy ..Petitioners/ A5 & A6 Vs State Of Tamilnadu, Rep By The Inspector Of Police, Keelavalavu Police Station, Madurai District.

(Crime No.177 of 2025) Respondent(s) For Petitioner(s):

Mr.S.C.Herold Singh For Respondent(s):

Mr.S.S.Manoj Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.177 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners/A5 and A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 126(2), 296(b), 115(2) and 109 of BNS, Act, 2023, in Crime No.177 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioners and other accused intercepted the bike, which drove by the defacto complainant and abused him in filthy language and criminally intimidated him. Hence, a case was registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He, 2/8

however, submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that the first petitioner(A5) was arrested by the respondent Police. He further submitted that there are four previous cases registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5.Recording the submission of the learned Government Advocate (Crl. side) submitted that the first petitioner(A5) was arrested by the respondent Police, this Criminal Original Petition is dismissed as infructuous in respect of the first petitioner.

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6. Insofar as the second petitioner is concerned, taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that the most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the second petitioner, subject to certain conditions.

7. Accordingly, this petition is partly allowed and the second petitioner is ordered to be released on bail in the event of 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 Court, Melur, on condition that the second petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to 4/8

arrest or to the satisfaction of the learned Judicial Magistrate Court, Melur, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the second 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 second petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate Court, Melur. In the event of any change in his residential address, the second petitioner shall report the same to the learned Judicial Magistrate Court, Melur; (c) the second petitioner shall report before the respondent police daily at 10.30 a.m., and 05.30 p.m., until further orders;

(d) the second petitioner shall not tamper with evidence or witness either during 5/8

investigation or trial;

(e) the second 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 second petitioner in accordance with law as if the conditions have been imposed and the second 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/second petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

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To 1.The learned Judicial Magistrate Court, Melur.

2. The Inspector Of Police, Keelavalavu Police Station, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.15091 of 2025 Date : 12.09.2025 8/8