K.Pasupathi Pandian v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI K.Pasupathi Pandian, S/o.Karuppaiya

... Petitioner/A1

Vs The State of Tamil Nadu, Rep. by the Sub-Inspector of Police, Devadanapatti Police Station, Theni District. (Crime No.154 of 2025)

... Respondent/Complainant For Petitioner : Mr.J.Priscilla Pandian, Advocate For Respondent : Mr.S.Prakash,

Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.154 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115(2), 133, 308(4) and 351(3) of BNS, 2023 in Crime No.154 of 2025 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the de-facto complainant, a resident of Aravakurichi, Karur District, is engaged in the money lending business. On

02.05.2025, at about 6.00 p.m., a wordy quarrel arose between one Murugadoss and the de-facto complainant. At that time, the 1st accused, who arrived on a two-wheeler, offered to drop the de-facto complainant at Kaat Road. Believing his words, the de-facto complainant got on the bike. On the way, the de-facto complainant encountered the other accused persons, who assaulted him with a stick and slipper and extorted a sum of Rs.4,500/-. The 1st accused is said to have assaulted the de-facto complainant with a plastic pipe, while the 2nd accused allegedly attempted to stab him. Hence, the present case.

¶3The learned counsel for the petitioner submitted that this is the second anticipatory bail application filed before this Court. The petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) submitted that there are totally six accused persons in this case and the petitioner has been arrayed as A1. A3 and A4 were arrested and subsequently released on bail on 20.05.2025 by the learned Judicial Magistrate, Periyakulam, in Crl.M.P.No.1019 of 2025 and Crl.M.P.No.1023 of 2025, respectively. The injured was treated only as an outpatient. He further submitted that there are five previous cases registered against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.

¶5Considering the facts and circumstances of the case, and also taking note of the fact that the injured was treated only as outpatient, and that as the date of occurrence is 02.05.2025, by this time most of the investigation might have been completed, and that two of the co-accused were arrested and subsequently released on bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Periyakulam, Theni District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 Judicial Magistrate, Periyakulam, Theni District 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 furnish his residential address and mobile number to the learned Judicial Magistrate, Periyakulam, Theni District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Periyakulam, Theni District;

(c) the petitioner shall stay at Madurai and sign before the Inspector of Police, Thallakulam Police Station, Madurai daily twice i.e. at 10.00 a.m. and 05.00 p.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 action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the CRLoOP(MD).oNo.10869oofo2025 learnedoMagistrate/TrialoCourtohimselfoasolaidodownobyotheoHon'bleoSupremeoCourt inoP.K.ShajioVs.oStateoofoKeralao[(2005)oAIRoSCWo5560];oand;

(g)oifotheoaccusedothereafteroabscond,oaofreshoFIRocanobeoregisteredounderoSection 269oofoBNS,o2023. oooooooooooooooooooooooooooooooooooooooosd/- oooooooooooooooooooooooooooooooooooooooo11/07/2025 oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo oooooooooooooooo/2025 ooooooooooooooooooooooooooo oSub-AssistantoRegistraro(C.S.oooIoo/oIIo/oIIIo/oIV) ooooooooooooo oooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo oooooMaduraio-o625o023.oo o oooooooooo mkn TO 1oooTHEoJUDICIALoMAGISTRATE,oPERIYAKULAM,oTHENIoDISTRICT. 2oooDOoTHROUGHoTHEoCHIEFoJUDICIALoMAGISTRATE,oTHENIoDISTRICT. 3oooTHEoINSPECTORoOFoPOLICE,oDEVADANAPATTIoPOLICEoSTATION, THENIoDISTRICT. 4oooTHEoINSPECTORoOFoPOLICE,oTHALLAKULAMoPOLICEoSTATION,oMADURAI. 5oooTHEoADDITIONALoPUBLICoPROSECUTOR,oMADURAIoBENCHoOFoMADRAS HIGHoCOURT,oMADURAI.o +1oCCotooM/s.J.PRISCILLAoPANDIAN,oAdvocateo(oSR-7445[I]odatedo11/07/2025o) ORDER IN CRL OP(MD) No.10869 of 2025 Date :11/07/2025 NBF/SAR- /17/07/2025/ 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023