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Madras High CourtCRL OP(MD)/23538/2025granted

Nambithangam v. The State Of Tamilnadu Rep. By

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Nambithangam ... Petitioner/Accused Vs State of Tamilnadu Rep by the Inspector of Police, Panagaudi Police Station, Tirunelveli District.

(Crime No.1293 of 2025) ... Respondent/Complainant For Petitioner : Mr.M.Perumal Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.1293 of 2025 on the file of the respondent Police.

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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), 351(3) of BNS and Section 3 of TNPPDL Act and Section 25(1) (a) of Arms Act and Corresponding offence under Sections 341, 294(b), 506(ii) of IPC, in Crime No.1293 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons had waylaid the defacto complainant and abused him in filthy language and try to attack him. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that there are six previous cases pending against the petitioner and no one 2/6

was sustained injuries. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5.Taking into consideration of the facts and circumstances of the case and also the fact no one was sustained injuries, this Court is inclined to grant anticipatory bail to the petitioner, with other 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 Judicial Magistrate, Valliyoor, 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 Judicial Magistrate, Valliyoor, failing which, 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;

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(b ) the petitioner shall make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Headmaster, Masathiyar Cor. Higher Secondary School, Vaikkolkara Theru, Chinnakadai Veethi, South Gate, Madurai, Central Bank of India, South Gate Branch, Account No.P.T.A.FUND SB. 1833321714, IFSC No.CBIN0281503, MICR Code: 625016004, without prejudice to his contentions and rights before the trial Court, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;

(c) the petitioner shall report before the Judicial Magistrate, Valliyoor, daily at 10.30 a.m., until further orders.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the 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 4/6

action against the petitioner in accordance 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] and;

(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 18.12.2025 msrm To

1. The Judicial Magistrate, Valliyoor.

2.The Inspector of Police, Panagaudi Police Station, Tirunelveli District.

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

4. The Headmaster Masathiyar Cor. Higher Secondary School, Vaikkolkara Theru, Chinnakadai Veethi, South Gate, Madurai.

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S.SRIMATHY,J msrm

ORDER

IN CRL OP(MD) No.23538 of 2025 Date : 18.12.2025 6/6