Hybut v. The State Of Tamilnadu, Rep. By The Inspector Of Police, Koodanklam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27-11-2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY 1.Hybut
2. Thomas ... Petitioners Vs The State of Tamil Nadu, Rep By The Inspector of Police, Koodankulam Police Station, Tirunelveli District.
(Crime No.713 of 2025) ... Respondent/Complainant For Petitioners : Mr.P.Suresh For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Cr.No.713 of 2025 on the file of the respondent police.
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 189(2), 296(b) 115(2), 118(1), 351(3) BNS in Crime No.713 of 2025 on the file of the respondent police, seek anticipatory bail. 1/6
2. The case of the prosecution is that due to previous enmity between the petitioners and the defacto complainant, the petitioners herein assembled unlawfully and also attacked the defacto complainant and caused severe injuries to him. 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 the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seek anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. side) appearing for the respondent-Police would submit that the injured has been discharged from the hospital. He would further submit that this is a case in counter. He further submitted that the petitioners have complied with the interim order granted by this Court.
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5. Considering the facts and circumstances of the case and also considering the fact that the petitioners have complied with the order passed by this Court, the interim order already granted by this Court is made absolute and confirmed and 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 from the date on which the order copy made ready, before the Judicial Magistrate Court, Radhapuram, on condition that each of 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 respondent police or the police officer who intends to arrest or to the satisfaction of the Judicial Magistrate Court, Radhapuram, 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;
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(b) the petitioners shall report before the respondent police as and when required for interrogation; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners 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 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;
(f) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 27.11.2025 KSA 4/6
To
1. The Inspector of Police, Koodankulam Police Station, Tirunelveli District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J, KSA Order made in 27.11.2025 6/6