Kumar v. State Of Tamilnadu Rep By,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Kumar 2.R,Sivakumar 3.N.Madasamy 4.R.Sudalaimani ... Petitioners/Accused Vs The State of Tamil Nadu, Rep.By, the Sub Inspector of Police, Tiruchendur Police Station, Thoothukudi District.
(Crime No.316 of 2025) ... Respondent/Complainant For Petitioners : Mr.M.Murali For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6
PRAYER :- For Anticipatory Bail in Crime No.316 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 3(5), 296(b), 115(2), 329(4), 303(2), 324(4) and 74 of BNS in Crime No.316 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to civil dispute between the petitioners and the defacto complainant, the petitioners along with other accused persons made quarrel with the defacto complainant and attacked him with hands and caused injuries. Hence, the complaint.
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 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.
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4. The learned Government Advocate (Criminal Side) submitted that no one sustained injury in this case. He would further submit that petitioner No.1 has two previous cases and petitioner No.3 has one previous case. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also considering the fact that no one sustained injury, this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of 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 Judicial Magistrate Court, Tiruchendur, within a 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 3/6
and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioners are further directed to jointly deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the crime number, in turn the same shall be deposited in any one of the Nationalised bank in the interest accruing deposit.
[c] the petitioners shall report before the respondent police as and when required for interrogation. [d]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [e]the petitioners shall not abscond either during investigation or trial.
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[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 are 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].
[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
(S S Y J) 25.09.2025 KSA To 1.The Judicial Magistrate Court, Tiruchendur. 2.The Sub-Inspector of Police, Tiruchendur Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J KSA
ORDER
IN 25.09.2025 6/6