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Madras High CourtCRL OP(MD)/18607/2025granted

Thanu v. The State Of Tamil Nadu

2025-10-25Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.10.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.18607 of 2025

1. Thanu

2. Muthukrishnan ... Petitioners Vs.

The State of Tamil Nadu Represented by The Inspector of Police, Suchindram Police Station Kanniyakumari District (Crime No.412 of 2025) ... Respondent For Petitioners : Mr.S.Vishnuvardhan 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.412 of 2025 on the file of the respondent police.

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ORDER: The Court made the following order :- The petitioners/ accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS in Crime No.412 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that, due to previous enmity, the petitioners abused the defacto complainant, attacked him and also threatened him with dire consequences. Hence the complaint. 3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the injured has been discharged from the hospital. He further submitted that A-1 has one previous case pending against him. 5.Considering the facts and circumstances of the case and also the fact 2/5

that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.

III, Kanyakumari District, 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 and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b]the petitioner shall report before the Dean, Asaripallam Government Hospital, Asaripallam, Kanniyakumari and do social service in the said Hospital, daily from 10.00 a.m., to 4.00 p.m., for a period of one week. Thereafter, the petitioner shall report before the respondent Police for a period of one week and thereafter, as and when required for interrogation. [c]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioners shall not abscond either during investigation or trial. 3/5

[e]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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

25.10.2025 jbr TO

1. The Judicial Magistrate No.III, Kanyakumari District 2.The Inspector of Police, Suchindram Police Station Kanyakumari District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.18607 of 2025 Date : 25.10.2025 5/5