Viju v. State Of Tamilnadu Rep By Inspector Of Police, Kanyakumari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/12/2025 PRESENT The HONOURABLE MR. JUSTICE M. JOTHIRAMAN Viju ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Kanyakumari Police Station, Kanniyakumari District.

Crime No. 481 of 2025. ... Respondent/Complainant For Petitioner : Mr.S. Ramakrishnan, For Respondent : Mr.A.S.Abul Kalam Azad, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 481 of 2025 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 126(2), 296(b), 118(1) and 351(3) BNS, 2023 in Crime No.481 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 15.12.2025, defacto complainant's van dashed against the petitioner's two wheeler. However, the defacto complainant didn't stop his van. Hence, the petitioner chased him, assaulted him using iron road, threatened him with dire consequences and abused him using filthy language. Hence the case.

3. The learned Counsel for the petitioner would submit that the petitioner did not involved in any of the offences as alleged by the prosecution. The petitioner is an innocent and he is falsely implicated in this case. The petitioner was falsely implicated in the present case. In this case, injured persons were discharged from hospital. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent police on instructions, would submit that injured person was discharged from hospital and there is no previous case pending against the petitioner.

5. Considering the nature of the allegations and considering the fact that there is no previous case pending against the petitioner and the injured person in the present case was 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 anticipatory 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 No.I, Nagercoil, Kanyakumari District, 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 3/6

concerned, 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. [b] the petitioner shall report before the respondent Police every Monday and Friday at 10.30 a.m. until further orders. [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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

(M J R J) 26.12.2025 LR 4/6

TO

1. The Judicial Magistrate NO.I, Nagercoil, Kanyakumari District.

2. Inspector of Police, Kanyakumari, Kanyakumari Police Station, Kanniyakumari District.

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

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M. JOTHIRAMAN,J LR

ORDER

IN CRL OP(MD) No.23945 of 2025 Date : 26/12/2025 6/6