T Ashokkumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.17061 of 2025 T.Ashokkumar ... Petitioner/ Accused No.1 Vs The State of Tamilnadu, Rep by the Inspector of Police, Kovilpatti East Police Station, Thoothukudi.

(Crime No.500 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Rajarajan For Respondent : Mrs.M.Aasha Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.500 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 351(3) of BNS, 2023 and Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992, in Crime No.500 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 25.09.2025, at about 10:00 p.m., when the defacto complainant was returning home after work, near South Thittankulam Vijayapuri Road, in front of the Milk Society, the petitioner came on his two-wheeler and dashed against the defacto complainant's vehicle. When the same was questioned, the petitioner abused him in filthy language, assaulted him with his hands on the left cheek, took a wooden log from the roadside, and attacked him on the head, causing him to fall down. It is further alleged that the petitioner kicked the defacto complainant on his stomach and thereafter picked up a stone from the ground and threw it at his vehicle, thereby damaging the front windshield. Hence, the complaint.

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3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any 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 injured was treated as an outpatient and that no previous is pending against the petitioner.

5. Taking into consideration of the fact that the injured was treated as an outpatient and also considering the antecedent of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or 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 No.I, Kovilpatti, on 3/6

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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the 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 petitioner is directed to pay Rs.5,000/- (Rupees Five Thousand only) to the defacto complainant. The petitioner shall report before the respondent police daily at 10.30 a.m until further orders. He has to co-operate for the investigation;

(c) the petitioner shall not tamper with 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 4/6

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;

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

(S S Y J) 08.10.2025 jbr To

1. The Judicial Magistrate Court No.I, Kovilpatti.

2. The Inspector of Police, Kovilpatti East Police Station, Thoothukudi.

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.17061 of 2025 Date : 08.10.2025 6/6