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Madras High CourtCRL OP(MD)/22750/2025granted

P.Sujin v. State Of Tamilnadu Rep By Inspector Of Police, Karungal

2025-12-18Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.12.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY CRL OP(MD)No.22750 of 2025

1. P.Sujin

2. M.S.Sujith ( P2 already granted anticipatory bail by order dated 11.12.2025) ... Petitioners/ Accused Vs The State of Tamil Nadu Represented by The Inspector of Police, Karunkal Police Station, Kanyakumari District.

(Crime No.424 of 2025) ... Respondent For Petitioners : Mr.M.Padmakumar 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 Crime No.424 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 126(ii), 127(ii), 296(iii), 115(ii), 118(I), 303(iii), 351(iii) of BNS Act, in Crime No.424 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had waylaid the defacto complainant and assaulted him due to which, he sustained injuries and also snatched a gold chain from him. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submits that 2nd petitioner had already been granted anticipatory bail by this Court dated 11.12.2025. He further submitted that the first petitioner is willing to abide by any conditions that may be imposed by this Court Hence, he prays for grant of anticipatory bail to the 1st petitioner.

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4. The learned Government Advocate (Crl.Side) submitted that there is one previous case pending against the 1st petitioner. He further submitted that the chain has not been recovered and the injured person has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the first petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that this Court had already granted anticipatory bail to the 2nd petitioner on 11.12.2025. Further, now, the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the 1st petitioner.

6. Accordingly, the 1st petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Eraniel, Kanyakumari District, on condition that the petitioners 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 3/6

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 1st 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 1st petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

(c) the 1st petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.424 of 2025 viz., Rs.50,000/- (Rupees Fifty Thousand only) before the learned Judicial Magistrate, Eraniel, Kanyakumari District at the time of producing sureties. Thereafter, the first petitioner shall deposit another sum of Rs.50,000/- (Rupees Fifty Thousand only) on or before 30.01.2026. After depositing the entire amount, the learned Judicial Magistrate, Eraniel, Kanyakumari District, shall deposit the said amount in any one of the Nationalized Banks in interest accuring deposit. If the 1st petitioner failed to deposit the amount, the anticipatory bail will be vacated automatically. 4/6

(d) the 1st petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the 1st petitioner shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the 1st petitioner in accordance with law as if the conditions have been imposed and the 1st 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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 18.12.2025 LS Note: Issue order copy on 19.12.2025.

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S.SRIMATHY,J LS To 1.The Judicial Magistrate, Eraniel, Kanyakumari District.

2.The Inspector of Police, Karunkal Police Station, Kanyakumari District.

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

ORDER

IN 18.12.2025 6/6