Poovesh v. State of Tamilnadu Rep by Inspector of Police, Veerapandi

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.24005 of 2025

1.Poovesh, S/o.Balakrishnan

2.Susai @ Sujaikumar, S/o.Ganesan

... Petitioners Vs State Rep. by The Inspector of Police, Veerapandi Police Station, Theni District. ... Respondent (Crime No.479 of 2025) For Petitioners : Mr.M.Jegadeesh Pandian For Respondent : Mr.A.S.Abul Kalaam Azad Govt.Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.479 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 & 2, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 296(b), 115(2), 126(2), 351(3) and 109 of BNS in Crime No.479 of 2025, on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that due to previous enmity, on 28.11.205 at about 20.30hrs, the petitioners/accused persons were waylaid the defacto-complainant and attacked him with knife and threatened him with dire consequences. Hence the complaint.

¶3The learned Counsel for the petitioners would submit that the petitioners were not involved in any of the offences as alleged by the prosecution. The petitioners are innocents persons and they have been falsely implicated in this case. Due to previous enmity, the defacto-complainant lodged a false complaint against the petitioners. The petitioners are law-abiding citizens and they will not abscond themselves and they are ready and willing to abide any stringent conditions imposed by this Court. He therefore prays for grant of pre-arrest bail to the petitioners.

¶4The learned Additional Public Prosecutor appearing for the respondent police on instructions, would submit that due to previous enmity the petitioners attacked the defacto-complainant. Both the petitioners are college going students and there are no bad antecedents against the petitioners. The injured person was admitted in hospital and later he was discharged from hospital. However, he prays to dismiss this Criminal Original Petition.

¶5Considering the nature of the allegations and considering the fact that the injured person was discharged from hospital, there are no bad antecedents against the petitioners, this court is inclined to grant anticipatory bail to the petitioners with certain conditions:

¶6Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Theni, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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 report before the respondent Police daily at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 petitioners 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 gvn TO

1.The Judicial Magistrate, Theni.

¶2The Inspector of Police, Veerapandi Police Station, Theni District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. M.JOTHIRAMAN,J gvn ORDER IN CRL.OP(MD).No.24005 of 2025 Dated : 26.12.2025