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Madras High CourtCRL OP(MD)/23888/2025granted

Ponrajesh v. State Of Tamilnadu Rep By Inspector Of Police, Vadipatti

2026-01-02Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Ponrajesh ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Vadipatti Police Station, Madurai District, Crime No.330/2025.

... Respondent/Complainant For Petitioner : Mr.S.Palanivelayutham, 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.330/2025 on the file of the respondent of police 1/7

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 329(3), 191(2), 191(3), 324(4), 115(2), 118(1), 351(3) and 303 (2) NP of BNS Act and Section 4 of TNPHW Act in Crime No.330 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to pathway dispute, the accused persons have trespassed into the defacto complainant's asiram and damaged the properties and assaulted one female employee of the defacto complainant and also threatened her with dire consequences. 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 is willing to abide by any conditions that may be imposed by this Court and one of the co-accused has been granted anticipatory bail. Hence, he seeks anticipatory bail for the petitioner.

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4. The learned Government Advocate (Crl.Side) submitted that it is a case and counter case and it is the second anticipatory bail petition filed by the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that it is a case and counter case and one of the co-accused was granted anticipatory bail, 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, Vadipatti, Madurai District, 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 3/7

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 daily at 10.00 a.m., for a period of one week and thereafter, as and when required for interrogation.

[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 SCW 5560].

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

(S S Y J) 02.01.2026 LR 4/7

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TO

1. The Judicial Magistrate, Vadipatti, Madurai District.

2. The Inspector of Police, Vadipatti Police Station, Madurai District.

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

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S.SRIMATHY,J LR

ORDER

IN CRL OP(MD) No.23888 of 2025 Date : 02/01/2026 7/7