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Madras High CourtCRL OP(MD)/23822/2025granted

Henry Joseph v. State Of Tamilnadu Rep By Inspector Of Police, Uthumalai

2026-01-02Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Henry Joseph ... Petitioner/Accused Vs State of Tamilnadu Rep by The Inspector of Police, Uthumalai Police Station, Tenkasi.

(Cr. No.408/2025).

... Respondent/Complainant For Petitioner : Mr.K Esakkidurai 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.408 of 2025 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 351(2) of BNS, in Crime No. 408 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that while one Charles was walking away from the market, the accused, while driving a two-wheeler, hit Charles on his left leg and abused him in filthy language. 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 (Criminal Side) appearing for the respondent police submitted that there is a civil dispute between 2/6

the petitioner and the de facto complainant. He further submitted that the petitioner pushed his two-wheeler against the de facto complainant, causing injuries. It was also submitted that the injured was treated as an out-patient and that no previous case is pending against the petitioner. However, he opposed the grant of anticipatory bail to the petitioner.

5. Taking into consideration of the fact that the injured was treated as an out-patient and also considering the fact that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the 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 on which the order copy made ready, before the learned Judicial Magistrate, Alangulam, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned 3/6

Magistrate concerned 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 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 for interrogation; (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 accordance with law as if the conditions have been imposed and the petitioners 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;

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(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 02.01.2026 jbr TO

1. The Judicial Magistrate, Alangulam

2. The Inspector of Police, Uthumalai Police Station, Tenkasi.

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

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.23822 of 2025 Date : 02/01/2026 6/6