P.Prabhaharan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/11/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY P.Prabhaharan ... Petitioner/Sole Accused Vs The State of Tamil Nadu Rep. by the Inspector of Police, Ammaiyanaickanur Police Station, Dindigul District.

(Crime No.249 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.Mohamed Riyaz For Respondent : Ms.M.Aasha, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.249 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 324(2) and 351(3) of BNS, 2023, in Crime No.249 of 2025 on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that the defacto complainant is the Manager of the Casino Royal Manamagil Mandram, Kodai Road, Dindigul District. On 04.10.2025, when the petitioner and other accused persons went to the Bar and demanded alcohol, but the defacto complainant refused to given them since they are not members of the Bar. Hence, the petitioner and other accused persons abused the defacto complainant and threatened him. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as alleged by the prosecution, and he has been falsely implicated in this case. 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 for the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner is having 13 previous cases and it is a case and case in counter. However, she opposed for grant of anticipatory bail to the petitioner.

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5. Considering the facts and circumstances of the case and inspite of 13 previous cases are pending against the petitioner, considering the nature of offence and since it is a case and case in counter, 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, Nilakottai, Dindigul, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions 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 Aadhaar card or bank pass book to ensure their identity; [b] the petitioner is directed to report before the Dean, Dindigul Government Hospital, Dindigul, daily at 10.30 a.m, and do social service in the hospital for a period of four weeks and shall appear before the trial 3/4

S.SRIMATHY,J PJL Court until further orders; in the meanwhile, the petitioner shall report before the respondent police as and required and shall cooperate for investigation; [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;

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

05.11.2025 PJL To 1.The Judicial Magistrate, Nilakottai, Dindigul. 2.The Inspector of Police, Ammaiyanaickanur Police Station, Dindigul District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/4