Suresh v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/10/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Suresh ... Petitioner/Sole Accused Vs The State of Tamilnadu Rep., By, the Sub Inspector of Police, Kotticode Police Station, Kanyakumari.

(Cr.No.178 of 2025).

... Respondent/Complainant For Petitioner : M/s.K.Vinoharan, Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-38AB For Anticipatory Bail in Crime No.178 of 2025 on the file of the respondent police ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 131, 132 and 351(2) of BNS, in Crime No.178 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is working as Executive Officer in Kumarapuram Town Panchayat and the petitioner is a contractor and the he has taken a work to the value of Rs.10 lakhs and that to register the said agreement in respect of the said work, the defacto complainant has sent a communication on 21.05.2025, 23.04.2025 and 28.05.2025. Thereafter, the petitioner came to the office of the defacto complainant on 23.09.2025 at about 12.30 p.m, and threatened and abused the defacto complainant and assaulted the other staff who were present. Hence, the complaint.

3. The contention of the learned counsel for the petitioner is that the petitioner is a contractor and there is a wordy quarrel between the local body 2/6

authorities and the petitioner regarding the license and contract. Further, the petitioner has acted as a whistle-blower of some of the illegal activities of the local body. Hence, there is a previous enmity between the petitioner and the defacto complainant. Hence, a false case has been foisted against the petitioner and the petitioner is an innocent person and has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner is having two previous cases. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and considering the nature of offence, 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 bail in the event of arrest or on his appearance, 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 learned Judicial Magistrate No.I, Padhmanabapuram, within a period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall stay at Chennai and report before the Inspector of Police, E3 Police Station, Meenjur, daily at 10.30 a.m, until further orders;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial;

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[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 is 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 absconds, a fresh FIR can be registered under Section 269 of BNS.

23.10.2025 PJL TO

1. The Judicial Magistrate No.I, Padhmanabapuram.

2. Do-Through The Chief Judicial Magistrate, Kanyakumari District.

3. The Sub Inspector of Police, Kotticode Police Station, Kanyakumari.

4. 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.18403 of 2025 Date : 23/10/2025 6/6