M.Ajithkumar v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31.10.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No. 19039 of 2025

1. Ajith Kumar

2. Rajkumar ... Petitioners Vs.

The State of Tamil Nadu, Through the Inspector of Police, Varusanadu Police Station, Theni District.

(Crime No. 96 of 2025) ... Respondent For Petitioners : M/s.S.Babu 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. 96 of 2025 on the file of the respondent police.

ORDER: The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 115(2), 351(3) and 303(2) of BNS Act, 2023 , on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 05.09.2025 at about 5:00 p.m., when the accused persons committed theft, the defacto complainant attempted to prevent them. At that time, the accused persons attacked the defacto complainant with iron pipe, threatened him with a knife, and took away a motorcycle along with Rs.40,000/- in cash and motorcycle belonging to his friend. Hence, a case has been registered against the petitioners.

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 Government Advocate (Crl. side) appearing for the respondent submitted that the offence committed by the petitioners is serious in nature.

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5.Considering the facts and circumstances of the case 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 their appearance, on condition that the petitioners 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 Judicial Magistrate Court, Andipatti, 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 petitioners are directed to deposit Rs.40,000/-to the credit of crime number and thereafter the same shall be deposited in anyone of the nationalised bank in interest accruing deposit;

[c ] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.

[d]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioners shall not abscond either during investigation or trial. 3/6

[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 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].

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

31.10.2025 KSA 4/6

TO

1. The Judicial Magistrate Court, Andipatti.

2. The Inspector of Police, Varusanadu Police Station, Theni District.

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

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S.SRIMATHY,J KSA

ORDER

IN CRL OP(MD) No. 19039 of 2025 Date : 31.10.2025 6/6