Esakkiyappan v. State Of Tamilnadu, Rep. By The Sub-Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/12/2025 PRESENT THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI 1.Esakkiyappan ... Petitioner/Accused Vs State of Tamilnadu Rep by Sub Inspector of Police, Radhapuram Police Station, Radhapuram Tirunelveli District.

(In Crime No.540 of 2025). ... Respondent/Complainant For Petitioner : Mr.G.Aravinthan Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- 1/6

For Anticipatory Bail in Crime No.3 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 131 and 351(3) of BNS, 2023 and 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, 1992 in Crime No.540 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and A1 intercepted the defacto complainant, abused him in filthy language, damaged his car windshield, punched him on his face and made life threat. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any 2/6

offence as alleged by the prosecution. He further submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

4. The learned Government Advocate (Crl.Side) opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 the learned Judicial Magistrate, Radhapuram, 3/6

Tirunelveli, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions 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 Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall report before the respondent police weekly once i.e. every Monday at 10.30 a.m. until further orders;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d] the 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 petitioner in accordance with law as if the conditions have been imposed and the 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 4/6

SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. (L V G J) 03.12.2025 APD TO

1. The Judicial Magistrate, Radhapuram, Tirunelveli.

2. Do-Through The Chief Judicial Magistrate, Tirunelveli District.

3. The Sub Inspector of Police, Radhapuram Police Station, Radhapuram Tirunelveli District.

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

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L. VICTORIA GOWRI,J APD

ORDER

IN CRL OP(MD) No.22151 of 2025 Date : 03/12/2025 6/6