P.Pandi v. State Of Tamilnadu Rep By Inspector Of Police, Othakadai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.12.2025 PRESENT THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN CRL OP(MD). No.24023 of 2025 P.Pandi ... Petitioner Vs State of Tamil Nadu through Rep. by its The Inspector of Police, Othakadai Police Station, Madurai District.

(Crime No.374 of 2025) ... Respondent For Petitioner : Mr.A.Balaji For Respondent : Mr.A.S.Abdul Kalam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory bail in Cr.No.374 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 326(2), 118 (1), 115(2) and 351(3) BNS 2023, in Cr.No.374 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the defacto complainant are neighbours. Due to a dispute relating to the flow of water and previous enmity, the petitioner criminally intimidated the defacto complainant, threatened him with dire consequences and also attacked him and caused injuries.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent and he had been falsely implicated in this case. Due to previous enmity between the petitioner and 2/7

the defacto-complainant, the said occurrence was happened. In this case, injured was discharged from the hospital.

4. The learned Government Advocate (Crl.side) appearing for the respondent police, on instructions, would submit that due to previous enmity, the petitioner had attacked the defactocomplainant. Now, the injured has been discharged from the hospital. He would further submit that the petitioner is not having any previous case. However, he prays to dismiss this Criminal Original Petition.

5. Considering the nature of the allegations and considering the fact that the injured has been discharged from hospital and that the petitioner is not having any previous case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

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6. Accordingly, this Petition is allowed and 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, Melur, Madurai 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 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.

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[b] the petitioner shall report before the respondent Police weekly twice ie. on 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 LS/ogy 5/7

TO 1.The Judicial Magistrate, Melur, Madurai District 2.The Inspector of Police, Othakadai Police Station, Madurai District.

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

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M.JOTHIRAMAN,J LS CRL.OP(MD)No.24023 of 2025 26.12.2025 7/7