Dinesh v. State Of Tamilnadu Rep By Inspector Of Police, Nerkuppai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Dinesh ... Petitioner/Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Nerkuppai Police Station, Sivagangai District.

(Crime No.78 of 2025) ... Respondent/Complainant For Petitioner : Dr.R.Alagumani Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.78 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 189(2), 296(b), 118(1), 324(4) and 351(3) of BNS, in Crime No.78 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. he case of the prosecution is that the petitioner along with other accused persons, went to the bar of the defacto complainant, and there was a wordy quarrel between the petitioner and the defacto complainant, as a result of which, the petitioner along with other accused persons had attacked the defacto complainant with Aruval and damaged the chair of the bar. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he 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 to the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) submitted that there are 6 previous cases pending against the petitioner and the injured person has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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, Singapunari, Sivagangai District, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

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[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 is directed to pay a sum of Rs. 2,000/- to the defacto complainant and he shall do social service at the Government Hospital, Sivagangai, for a period of two weeks and thereafter, the petitioner shall report before the respondent Police 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].

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

(S S Y J) 04.11.2025 msrm To 1.The learned Judicial Magistrate, Singapunari, Sivagangai District.

2. The Dean Government Hospital Sivagangai.

3.The Inspector of Police, Neerkuppai Police Station, Sivagangai District.

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

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S.SRIMATHY,J msrm

ORDER

IN 04.11.2025 6/6