Nagaraj v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Nagaraj, S/o.Mookaiah, .. Petitioner/Accused No.2

Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Thirupparankundram Law & Order Police Station, Madurai City. (Crime No.365 of 2025) .. Respondent/Complainant

For Petitioner : Mr.M.Raghumankhan 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.365 of 2025 on the file of the Respondent Police. 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 294(b), 115(2), 351(3) of BNS, 2023 and Section 4 of the TamilNadu Prohibition of Harassment of Women Act, 2002 in Crime No.365 of 2025 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 12.07.2025 at about 05.00p.m. when the defacto-complainant and her husband were grazing cows near the crematorium situated on the eastern side of Om Sakthi Nagar, at that time, the accused persons allegedly questioned the same and they abused the defacto-complainant and her husband by using filthy language, hit him on his nose which caused injury and threatened them with dire consequences. Hence, the case.

¶3The learned counsel for the petitioner would submit that the respondent police lodged a false case against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) would submit that the accused persons joined together and they abused the defacto-complainant and her husband by using filthy language, attacked and threatened with dire consequences. The husband of the defacto-complainant sustained simple injury and he was admitted in hospital and later he was discharged from hospital. The co-accused were enlarged on bail by the learned Judicial Magistrate Court No.VI, Madurai on

22.07.2025 in Crl.MP.No.5072 of 2025. There is no previous case against this petitioner. However, he opposed to grant anticipatory bail to the petitioner.

¶5Considering the facts and circumstances of the case, the injured person was discharged from hospital, the co-accused were enlarged on bail by the learned Judicial Magistrate Court No.VI, Madurai on 22.07.2025 in Crl.MP.No.5072 of 2025, there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶6Accordingly, the petitioner is ordered to be released on anticipatory 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 Judicial Magistrate No.VI, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.VI, Madurai 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 contact number to the learned Judicial Magistrate No.VI, Madurai District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.VI, Madurai District;

(c) the petitioner shall report before the respondent police daily at 10.30 a.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 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;

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

sd/-

23/07/2025

/ TRUE COPY /

/08/2025

Sub-Assistant Registrar ( C.S. I / II / III / IV )

Madurai Bench of Madras High Court,

Madurai - 625 023. gvn

TO

1.The Judicial Magistrate No.VI, Madurai District.

2.Do Through The Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Thirupparankundram Law & Order Police Station, Madurai City.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.12209 of 2025 Date :23/07/2025 SBN/06.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023