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Madras High CourtCRL OP(MD)/17204/2025granted

Vignesh v. The State Of Tamilnadu Rep By Inspector Of Police,

2025-10-09Honourable Mrs Justice S.Srimathy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/10/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD).No.17204 of 2025 Vignesh, S/o.Mayandi, .. Petitioner/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Samayanallur Police Station, Madurai.

(Crime No.142 of 2025) .. Respondent/Complainant For Petitioner :Mr.K.Raghul Priyan Advocate For Respondent : M/s.M.Aasha Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.142 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 115(2), 85 of BNS in Crime No.142 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that this petitioner and the defacto-complainant are the husband and wife. On 27.07.2025, the accused person demanded money from the defactocomplainant and beating her. Further, the petitioner abused the defacto-complainant by using filthy language and he snatched 1⁄2 gram of gold from the defacto-complainant. Hence, the case.

3. The learned counsel for the petitioner would submit that the respondent police lodged a false case against this petitioner. The 2/8

petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the property was recovered from the petitioner. There is no previous case against this petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, the property was recovered from the petitioner, there is no previous case against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of his 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, Vadipatti 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Vadipatti 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;

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(b) the petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate, Vadipatti. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Vadipatti;

(c) the petitioner shall appear and sign before the respondent police daily at 10.30a.m. until further orders.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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

(S S Y J) 09.10.2025 gvn 6/8

TO

1. The Judicial Magistrate, Vadipatti.

2. The Inspector of Police, Samayanallur Police Station, Madurai.

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

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S.SRIMATHY,J gvn

ORDER

IN CRL OP(MD) No.17204 of 2025 Dated : 09/10/2025 8/8