Devaraja Alais Deva Alais Devarajan v. The State Of Tamilnadu, Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Devaraja @ Deva @ Devarajan ... Petitioner/Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

(Crime No.395 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Anantha Murugan 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 Crime No.395 of 2025 on the file of the Respondent Police.

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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 132 BNS and Section 25(1) (a) of Arms Act, 1959, in Crime No.395 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons were found in possession of a big sickle in front of A1's house. At that time, the Head Constable warned them but the petitioner along with other accused persons have abused the Head Constable in filthy language and prevented him from discharging his duty. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) submitted that there are 12 previous cases pending against the petitioner and the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the investigation has been almost 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 arrest or on his appearance, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Srivaikundam, Thoothukudi District, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

[a]the petitioner and the sureties shall affix their 3/6

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 petitioner shall stay at Trichy and report before the Inspector of Police, Cantonment Police Station, daily at 10.30 a.m., and 05.30 p.m., until further orders.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioner shall not abscond either during investigation or trial.

[e]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 4/6

petitioner 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.

(S S Y J) 15.09.2025 msrm To 1.The learned Judicial Magistrate No.1, Srivaikundam, Thoothukudi District.

2.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

3. The Inspector of Police, Cantonment Police Station, Trichy.

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

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S.SRIMATHY,J msrm

ORDER

IN 15.09.2025 6/6