Kumar v. State Of Tamilnadu Rep By Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.10.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY Kumar ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep By The Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

(Crime No.383 of 2025) ... Respondent/Complainant For Petitioner : Mr.P.Karthick For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.383 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent 1/6

police for the offences punishable under Sections 296(b), 118(1), 115(2), 329(3), 351(3) of the Bharatiya Nyaya Sanhita(BNS) Act, 2023 & Section 4 of TNPHW Act, in Crime No.383 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to a petty quarrel in regard to the continuous barking of the defacto complainant's dogs, the petitioner and other accused abused the defacto complainant using filthy language and attacked her using iron rod and caused injuries and threatened with dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. side) submitted that the investigation is almost completed and there are no previous cases 2/6

pending against the petitioner and the injured was treated as out patient. However, he opposed to grant anticipatory bail to the petitioner.

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

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Ambasamudram, Tirunelveli District, 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Ambasamudram, Tirunelveli District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: 3/6

(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 shall appear before the respondent police daily at 10.30 a.m, until further orders; (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 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;

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(f) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 15.10.2025 PJL To

1. The Judicial Magistrate, Ambasamudram, Tirunelveli District.

2.The Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

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

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S.SRIMATHY, J.

PJL

ORDER

IN CRL OP(MD) No.17757 of 2025 Date : 15.10.2025 6/6