Maharajan v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Tirunelveli Taluk

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11.12.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY CRL OP(MD)No.22708 of 2025 Maharajan ... Petitioner/ Accused Vs The State of Tamil Nadu Represented by The Sub Inspector of Police, Taluk Police Station, Tirunelveli District.

(Crime No.66 of 2025) ... Respondent For Petitioner : Mr.M.Perumal For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act 2023.

PRAYER :-For Anticipatory Bail in PRC.No.284 of 2025 on the file of the Judicial Magistrate No.III, Tirunelveli, in connection with the Crime No.66 of 2025 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 109(1) and 351(3) of BNSS and corresponding offence under section 341, 294(b), 307 and 506(2) of IPC, in PRC.No.284 of 2025 on the file of the Judicial Magistrate No.III, Tirunelveli, in connection with the Crime No.66 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had waylaid the defacto complainant and demanded quarter bottle and food for him when it was refused by him, the petitioner had abused the defacto complainant in filthy language and attacked him with deadly weapons, due to which, he sustained injuries. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner had obtained the bail by the Principal Sessions Judge of Tirunelveli, and 2/6

thereafter, the petitioner was unable to sign before the respondent police and the same, the respondent police, moved for the cancellation of bail and the same was allowed. Hence, the petitioner had filed this present petition.

4. The learned Government Advocate (Crl.Side) submitted that the investigation has been completed and the charge sheet has also been filed. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the investigation has been completed and the charge sheet has also been filed, this Court is inclined to grant anticipatory bail to the petitioners, 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 3/6

learned Judicial Magistrate No.III, Tirunelveli, within a period of fifteen days from the date on which, the order copy was made ready 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 appear before the trial Court daily at 10.30 a.m., for a period of one week and thereafter, as and when required.

[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 4/6

Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 11.12.2025 msrm To 1.The learned Judicial Magistrate No.III, Tirunelveli.

2.The Sub Inspector of Police, Taluk Police Station, Tirunelveli District.

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

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S.SRIMATHY,J msrm

ORDER

IN 11.12.2025 6/6