Sanjay @ Shyam Sundar v. State Of Tamilnadu Rep By Inspector Of Police, Sivakasi East

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.21118 of 2025 Sanjay @ Shyam Sundar ... Petitioner/Accused No.1 Vs.

The State of Tamil Nadu, Rep. By the Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

(Crime No.564 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.Manikandan For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.564 of 2025 on the file of the respondent police.

ORDER: The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(2) and 351(3) of BNS Act, 2023, in Crime No.564 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to a sudden provocation at the time of watching the Kabadi match at Naranapuram, the petitioner and other accused have beaten the defacto complainant with a brick on his face and the defacto complainant lost his 4 teeth on the upper row. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged occurrence as stated by the prosecution. He further submitted that A1 in this case has already been arrested and released on bail and the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl. side) submitted that the investigation is almost completed and there is 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 and the co-accused/A2 was already granted anticipatory bail and there is no previous cases pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. However, since the defacto complainant has lost 4 teeth, compensation is necessary.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Sivakasi, Virudhunagar District, 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 3/6

the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.II, Sivakasi, Virudhunagar District, 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;

(b) the petitioner is directed to pay compensation of Rs.15,000/- (Rupees Fifteen Thousand only) to the defacto complainant/victim. On such deposit, the learned Magistrate shall accept the sureties;

(c) The petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required;

(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;

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(f) 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 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. 24.11.2025 PJL TO

1. The learned Judicial Magistrate No.II, Sivakasi, Virudhunagar District 2.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.21118 of 2025 Date : 24.11.2025 6/6