Prakash v. The State of Tamilnadu Rep. by

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Prakash, S/o.Ramachandran

... Petitioner/A3

Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Cholapuram Police Station, Thanjavur District. (Crime No.153 of 2025)

... Respondent/Complainant

For Petitioner : Mr.S.Gurumoorthy,

Advocate For Respondent : Mr.M.Karunanithi,

Government Advocate

(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.153 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, 2023 in Crime No.153 of 2025 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 22.06.2025, at about 08.30 p.m., the de-facto complainant and her husband went to the house of one Saravanan. The de-facto complainant's husband asked why they were making derogatory remarks against her. In response, the accused abused and assaulted the de-facto complainant's husband with a wooden stick, causing injuries, and also threatened them with dire consequences. Hence, the present case.

¶3The learned counsel appearing for the petitioner submitted that 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 further submitted that A2 was arrested and subsequently released on bail. 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.

¶4The learned Government Advocate (Crl. side) submitted that there are totally four accused persons in this case and the petitioner has been arrayed as A3. A2 was arrested and subsequently released on bail, and A1 and A4 are still absconding. However, he opposed to grant anticipatory bail to the petitioner.

¶5Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that one of the co-accused was arrested and subsequently released on bail, and that as the date of occurrence is

22.06.2025, by this time most of the investigation might have been completed, 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 arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Thiruvidaimarudhur, 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 District Munsif cum Judicial Magistrate, Thiruvidaimarudhur, 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 furnish his residential address and mobile number to the learned District Munsif cum Judicial Magistrate, Thiruvidaimarudhur. In the event of any change in his residential address, the petitioner shall report the same to the learned District Munsif cum Judicial Magistrate, Thiruvidaimarudhur;

(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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. sd/- 25/07/2025

/ TRUE COPY /

/2025

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

Madurai Bench of Madras High Court,

Madurai - 625 023.

mkn

TO 1 The District Munsif Cum Judicial Magistrate, Thiruvidaimarudhur. 2 Do Through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam. 3 The Inspector of Police, Cholapuram Police Station, Thanjavur District. 4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.12474 of 2025 Date :25/07/2025

AS/28.08.2025/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.