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Madras High CourtCRL OP(MD)/23057/2025granted

Prem Raj v. State Of Tamilnadu Rep By Inspector Of Police, Kaliyakkavilai

2025-12-16Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Prem Raj ... Petitioner/Accused Vs State of Tamilnadu Rep.,by, The Inspector of Police, Kaliakkavilai Police Station, Kanyakumari District.

(Crime No. 337 of 2025).

... Respondent/Complainant For Petitioner : Sonu P, Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-38AB. For Anticipatory Bail in Crime No.

337 of 2025 on the file of the respondent Police. ORDER : The Court made the following order :- 1/6

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under sections 296(b), 115(2), 118(1) and 351(3) of BNS, in Crime No. 337 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the de-facto complainant is that when the defacto Complainant was standing near his house, the Petitioner herein went there and abused the defacto Complainant in filthy language, assaulted him using knife and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/6

4.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the injured has been discharged from hospital. However, he opposed for grant of anticipatory bail.

5.Taking into consideration of the facts and circumstances of the case and also the fact that the injured has been discharged from hospital, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions:

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned judicial Magistrate No.I, Kuzhithurai, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, 3/6

the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank Pass Book to ensure their identity.

[b] the 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; [c] the petitioner shall not tamper with 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 ac4/6

cordance with law as if the conditions have been imposed and the 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 16.12.2025 PJL TO

1. Judicial Magistrate No.l, Kuzhithurai.

2.

Do-Through The Chief Judicial Magistrate, Kanyakumari District.

3.

The Inspector of Police, Kaliakkavilai Police Station, Kanyakumari District.

4.

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

5/6

S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.23057 of 2025 Date : 16/12/2025 6/6