Athisivan v. State Of Tamilnadu Rep By Inspector Of Police, Sindupatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Athisivan

2. Muthu

3. Palani

4. Soundarya ... Petitioners/Accused Vs State of Tamilnadu Rep by Inspector of Police, Sindupatti Police Station, Madurai District, Crime No.151/2025.

... Respondent/Complainant For Petitioners : M/s.Gowtham.G, Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.151/2025 on the file of the respondent police ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 126(2), 118(1), 351(3), 303 of BNS, 2023 in Crime No.151 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners herein said to have wrongfully restrained the defacto complainant and attacked him and also abused the defacto complainant in filthy language. Hence, the complaint.

3. The learned Government Advocate (Crl. side) submits that the injured has been discharged from the hospital and it is a case and counter case. He would further submit that the investigation of the case is pending.

4. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent police.

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5. Considering the facts and circumstances of the case and also the fact that the injured has already been discharged from the hospital and that it is a case and counter, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thirumangalam, within a period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar card or bank pass book to ensure their identity; 3/6

[b] The petitioners shall appear before the respondent, Police daily at 10.00 am for a period of two weeks and thereafter, as and when required for interrogation;

[c] the petitioners shall not tamper with the 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 are 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) 27.11.2025 TRP TO

1. The Judicial Magistrate, Thirumangalam 2.The Inspector of Police, Sindupatti Police Station, Madurai District,

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.21756 of 2025 Date : 27/11/2025 6/6