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Madras High CourtCRL OP(MD)/19206/2025granted

Ramkumar v. The State Of Tamilnadu Rep By

2025-11-07Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated : 07.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Ramkumar 2.V.Manjula ... Petitioners vs.

The State of Tamil Nadu Represented by, The Inspector of Police, Devakottai Police Station, Sivagangai District.

(In Cr.No.405 of 2025) ... Respondent PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.405 of 2025 on the file of the respondent police For Petitioners :Mr.G.Hariharan For Respondent :Mr.K.P.Narayana Kumar Government Advocate (Crl.side) ***** 1/6

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Section 115(2), 296(b) and 351(2) of BNS, 2023 Corresponding offences under Sections 323, 294(b) and 506(i) of IPC and under Section 4 of TNPWH Act in Crime No.405 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 25.10.2025, the accused persons have came to the place of occurrence and have abused the defacto complainant in filthy language and threatened her with tire consequences. Hence, the complaint.

3.The learned Counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged occurrence as stated by the prosecution. He further submitted that it is a case and case in counter and the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners. 2/6

4.The learned Government Advocate (Crl. side) submitted that due to previous enmity, the accused persons have abused the de-facto complainant in filthy language and threatened her with tire consequences. He further submitted that it is a case and case in counter and the injured persons has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner. 4.a)The learned Counsel for the intervenor submitted that the accused persons have abused the de-facto complainant in filthy language and threatened her with tire consequences and he opposed to grant anticipatory bail to the petitioner.

5.Taking into consideration of the facts and circumstances of the case and also the fact that it is a case and case in counter and the injured person 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 their appearance, within a period of fifteen days 3/6

from the date on which the order copy made ready, before the Judicial Magistrate, Devakottai, Sivagangai District, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Devakottai, Sivagangai District failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Devakottai, Sivagangai District. In the event of any change in his residential address, the petitioners shall report the same to the learned Judicial Magistrate, Devakottai, Sivagangai District;

(c)the first petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation; (d)the second petitioner shall report before the respondent police, as and when required for interrogation; 4/6

(e) the petitioners shall not tamper with evidence or witness either during investigation or trial; (f) the petitioners shall not abscond either during investigation or trial;

(g) 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 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;

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

07.11.2025 cmr To 1.The Judicial Magistrate, Devakottai, Sivagangai District. 2.The Inspector of Police, Devakottai Police Station, Sivagangai District.

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

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S.SRIMATHY, J.

cmr 07.11.2025 6/6