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Madras High CourtCRL OP(MD)/21648/2025granted

R Aathi Alis Aatheeswaran v. The State Of Tamilnadu Rep.By

2025-11-27Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD) No.21648 of 2025 1.R.Aathi @ Aatheeswaran 2.M.Muthu Geetha @ Mathumitha 3.R.Mareeswari ... Petitioners Vs.

The State Rep.by The Inspector of Police, Poovanthi Police Station Sivagangai District (Cr.No.169 of 2025) ... Respondent For Petitioners : Ms.R.Sangeetha For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.169 of 2025 on the file of the respondent police.

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ORDER: The Court made the following order :- The petitioners/Accused Nos.7, 14 and 15, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 324(4) and 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.169 of 2025, seek anticipatory bail.

2. The case of the prosecution is that on 16.11.2025 at about 11.00 am., the accused persons colluding together attacked the defacto complainant with knife, caused injuries to him, damaged the property belonging to the defacto complainant and also threatened him with dire consequences. Hence, the case. 3.The learned counsel appearing 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 the co-accused have already been released on bail. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the 2/6

respondent Police submitted that it is a case and counter case and that the injured has been discharged from the hospital. He further submitted that the no previous cases are pending against the petitioners.

5. Taking into consideration of the fact it is case and counter case, the injured has been discharged from the hospital and also considering the fact that there are no previous cases pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruppuvanam, Sivagangai District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with one surety, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 investigation;

(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 petitioner 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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

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To 1.The Judicial Magistrate, Thiruppuvanam, Sivagangai District

2. The Inspector of Police, Poovanthi Police Station Sivagangai District 3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.21648 of 2025 Date : 27.11.2025 6/6