S. Pradeep v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.15965 of 2025

1. S.Pradeep

2. Justin @ D.Justin Raj ... Petitioners/A-1 & 3

Versus

The State of Tamilnadu, Rep by the Inspector of Police, Marthandam Police Station, Marthandam, Kanniyakumari District.

(Crime No.477 of 2025) ... Respondent/Complainant For Petitioners : Mr.Danial Robinson.E.J.

For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl. Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.477 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 324(4) and 351(3) of BNS, 2023, seek anticipatory bail.

2. The case of the prosecution is that on 14.09.2025, at about 7:00 p.m., the accused hurled unparliamentary words at the defacto complainant and threatened him, leaving on their two-wheeler. Later, at about 10:00 p.m., they went to a neighbour's house, mistakenly thinking it was the complainant's, and hurled words, destroyed pots, and damaged a milk can. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any 2/6

offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the first petitioner has no previous case and the second petitioner has one previous case pending against him.

5. Taking into consideration of the facts and circumstances of the case and also considering the nature of allegation in this case, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Kuzhithurai, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned 3/6

Magistrate concerned 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 report before the respondent police daily at 10.30 a.m until further orders. They have to co-operate for the investigation;

(c) the petitioners shall not tamper with 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 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 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;

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(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 23.09.2025 jbr To

1. The Judicial Magistrate No.I, Kuzhithurai.

2. The Inspector of Police, Marthandam Police Station, Marthandam, Kanniyakumari District.

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

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.15965 of 2025 Date : 23.09.2025 6/6