S.Pradeep v. The State Of Tamilnadu,Rep.By, The Inspector Of Police, Bodinayakanur Rural Police Station,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.11.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY CRL OP(MD)No.20009 of 2025 1.S.Pradeep

2. S.Sivakumar ... Petitioners/ Accused Vs The State of Tamil Nadu Represented by The Inspector of Police, Bodinayakenur Rural Police Station, Theni District.

(Crime No.496 of 2025) ... Respondent For Petitioners : Mr.Vinoth Gnana Sampantham For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act 2023.

PRAYER :-For Anticipatory Bail in Crime No.496 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 329(4), 296(b), 115(2), 324(4), 351(3) & 49 of BNS, in Crime No.496 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had trespassed into the land of the defato complainant and abused him in filthy language and attacked the father of the defacto complainant and damaged the cattle shed and also threatened him with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that due to some dispute, a false case has been given. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners. 2/6

4. The learned Government Advocate (Crl.Side) submitted that the 1st petitioner had already been arrested by the respondent police and there are 2 previous cases pending against the 2nd petitioner He further submitted that the injured person has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the 2nd petitioner.

5. Considering the facts and circumstances of the case and also the fact that the 1st petitioner had already been arrested by the respondent police. Therefore, this Criminal Original Petition is closed as against the 1st petitioner. Further, the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the 2nd petitioner, subject to certain conditions.

6.Accordingly, the 2nd petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the 2nd 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, Bodinayackenur, within a period of 3/6

fifteen days from the date of receipt of a copy of this order and on further conditions that:

[a]the 2nd 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 2nd petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[c]the 2nd petitioner shall not tamper with the evidence or witness either during investigation or trial. [d]the 2nd 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 2nd petitioner in accordance with law as if the conditions have been imposed and the 2nd 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].

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

(S S Y J) 13.11.2025 msrm To 1.The learned Judicial Magistrate, Bodinayackernur.

2.The Inspector of Police, Bodinayakenur Rural Police Station, Theni District.

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

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S.SRIMATHY,J msrm

ORDER

IN 13.11.2025 6/6