Amaresan v. The State Of Tamilnadu Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 19107 of 2025 Amaresan ..Petitioner Vs State Of Tamilnadu, Rep By The Inspector Of Police, Rajathani Police Station, Theni District.

(Crime No.230 of 2025) Respondent(s) For Petitioner(s):

Mr.P.Thanga Prithivirajan For Respondent(s):

Mr.S.S.Manoj Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.230 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 75, 76, 127 and 140 of BNS, 2023, in Crime No.230 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is arrayed as A2. On 19.08.2025, A1 allegedly took the defacto complainant to see her husband in his car, which has been driven by the petitioner. Believing his words, she went to him. Thereafter, A1 has committed the aforesaid offences. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is a driver of A1 and he is an innocent person and he has not committed any offence as alleged by the prosecution. He, however, submitted that the 2/8

petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that there are no previous cases pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that there are no previous cases pending against the petitioner and he is a driver, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, this petition is allowed and the petitioner is ordered to be released on bail 3/8

in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aundipatti, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with 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, Aundipatti, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank pass Book to ensure their identity;

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(b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Aundipatti. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Aundipatti;

(c)the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court 5/8

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;

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

05.11.2025 vsg 6/8

To 1.The learned Judicial Magistrate, Aundipatti. 2.The Inspector Of Police, Rajathani Police Station, Theni District.

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

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.19107 of 2025 Date : 05.11.2025 8/8