Kottaisamy 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

¶1Kottaisamy

¶2Matheswaran

3.Manojkumar ... Petitioners/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Salaigramam Police Station, Sivagangai District. Crime No.68 of 2025. ... Respondent/Complainant

For Petitioners : Mr.R.Vinoth

Advocate.

For Respondent : Mr.S.Prakasht,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Cr.No.68 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 338, 324, 115, 118(1), 351(3) of BNS 2023, in Crime No.68 of 2025 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that during temple festival, on 03.07.2025, there was a wordy quarrel between the petitioners and the defacto complainant's group, as a result of which, the petitioners have abused the defacto complainant and also attacked him and caused injuries. Hence, the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

¶4The learned Government Advocate (Criminal Side) submitted that the injured person has been discharged from the hospital and the investigation is almost completed. He further submitted that there is no previous case pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.

¶5Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and the investigation has been almost completed and there is no previous case pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

¶6Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Ilaiyangudi, Sivagangai District, on condition that each of the petitioner shall execute a separate 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 Court, Ilaiyangudi, Sivagangai District, and on further conditions that:

(a) the petitioners 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate Court, Ilaiyangudi, Sivagangai District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate Court, Ilaiyangudi, Sivagangai District;

(c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the CRLeOP(MD).eNo.11636eofe2025 learned o Magistrate/Trial o Court o himself o as o laid o down o by o the Hon'bleoSupremeoCourtoinoP.K.ShajioVs.oStateoofoKeralao[(2005)oAIR SCWo5560];oand;

(g)oifotheoaccusedothereafteroabscond,oaofreshoFIRocanobe registeredounderoSectiono269oofoBNS,o2023. oooooooooooooooooooooooooooooooooooooo oo sd/- ooooooooooooooooooooooooooooooooooo ooo o o11/07/2025 ooooooooooooooo /oTRUEoCOPYo/ oooooooooooooooooooooooooooooooooooooooooooooooooooooo oo/oo/2025 ooooooooooooooooooooooooooooooooo ooSub-AssistantoRegistraro(C.S.) ooooooooooooooooooooooooooooooooo MaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooooo oooMaduraio-o625o023.o TO 1oTHEoJUDICIALoMAGISTRATE, ooILAIYANGUDI,SIVAGANGAIoDISTRICT. 2oDOoTHROUGH ooTHEoCHIEFoJUDICIALoMAGISTRATE, oooSIVAGANGAI. 3ooTHEoINSPECTORoOFoPOLICE,o oooSALAIGRAMAMoPOLICEoSTATION,o oooSIVAGANGAIoDISTRICT.o CRLeOP(MD).eNo.11636eofe2025 4oTHEoADDITIONALoPUBLICoPROSECUTOR, oooooMADURAIoBENCHoOFoMADRASoHIGHoCOURT, oooooMADURAI. +1CCotooM/s.R.Vinodh,Advocate(SR.No.7442) oooooooooooooooooooooooooooooooooooooooo ORDER oooooooooooooooooooooooooooooooooooooooo oIN oooooooooooooooooooooooooooooooooooooooo oCRLoOP(MD)oNo.11636oofo2025 oooooooooooooooooooooooooooooooooooooooo oDateoo:11/07/2025 oMGJo(22.07.2025)/6P/o6C MaduraioBenchoofoMadrasoHighoCourtoisoissuingocertifiedocopiesoinothisoformatofromo17.07.2023.