High Court · 2025

CRL OP(MD).No.9523 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Reserved on : 24.06.2025Pronounced on:18.07.2025PRESENTTHE HONOURABLE MR. JUSTICE P. VADAMALAICRL OP(MD).No.9523 of 2025andCRL MP(MD).No.7485 of 2025Rajasekaran ... Petitioner / Accused No.2 Vs.The State of Tamil Nadu,Rep. by the Inspector of Police,Salaigramam Police Station,Sivagangai District.(Crime No.17 of 2025) ... Respondent / ComplainantPRAYER : Criminal Original Petition filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita, 2023 (BNSS) for Anticipatory Bail in Crime No.17 of 2025on the file of the respondent police. For Petitioner : Mr.I.Kannan,Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side)1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.9523 of 2025For Intervener:Mr.K.Vasantha Kumar,AdvocateORDER : The Court made the following order :-The petitioner, who apprehend arrest at the hands of the respondent police forthe offences punishable under Sections 49, 126(2), 137(2), 296(b), 115(2), 351(3), and109(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.17 of 2025 on the file ofthe respondent police, seeks anticipatory bail. 2. The case of the prosecution is that certain individuals in the locality wereinvolved in illegal sand mining. The defacto complainant had lodged a complaintwith the respondent police and the revenue authorities against the petitioner andother accused persons regarding these illegal activities. Allegedly, in retaliation, on20.02.2025 at about 10:30 AM, the petitioner, along with the other accused persons,abducted the defacto complainant in a car bearing Registration No.TN-63-BU-0709,assaulted him, attempted to commit murder, and threatened him with direconsequences. Hence, the present case.3. The learned counsel for the petitioner would submit that the petitioner is aninnocent person and he has not committed any offence as alleged by theprosecution. He would further submit that a false case has been foisted against the2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.9523 of 2025petitioner and there are no previous cases against the petitioner. He would furthersubmit that A3 was already granted bail by the Court below. Hence, he seeksanticipatory bail to the petitioner.4. The learned Government Advocate (Criminal Side) would submit that thereare totally five accused persons in this case and the petitioner has been arrayed asA2. He would further submit that the petitioner, along with the other accusedpersons, abducted the defacto complainant in a car bearing RegistrationNo.TN-63-BU-0709, physically assaulted him, made an attempt to commit murder,and threatened him with dire consequences. He would further submit that theinjured has been discharged from the hospital. He would also submit that theinvestigation is still pending, and therefore, he opposes the grant of anticipatory bailto the petitioner. 5. The learned counsel for the defacto complainant would submit that theSpecial Leave Petition (SLP) before the Hon'ble Court was dismissed as "notpressed" after arguments were advanced. The petitioner has also suppressed thedetails and the order passed in the said SLP before the Apex Court and has filed thepresent Criminal Original Petition and approached this Court without clean hands.3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.9523 of 2025He would further submit that the petitioner had also filed anticipatory bailapplication before this Court in Crl.O.P.(MD) No. 3674 of 2025, and the same wasdismissed on 03.03.2025.6. This Court has heard the learned counsel on both sides and perused thematerials available on record.7. Taking into consideration the facts and circumstances of the case, the natureof the offence allegedly committed by the petitioner, the fact that the co-accused hasalready been granted bail by the Court below, and also taking note of the fact thatthe injured has already been discharged from the hospital, by this time most of theinvestigation might have been completed, this Court is inclined to grant anticipatorybail to the petitioner, subject to certain conditions.8. Accordingly, the petitioner is ordered to be released on bail in the event ofhis arrest or on his appearance, within a period of fifteen days from the date ofreceipt of a copy of this order, before the learned District Munsif cum JudicialMagistrate, Ilaiyangudi, Sivagangai District on condition that the petitioner shallexecute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.9523 of 2025two sureties, each for a like sum to the satisfaction of the respondent Police or to thePolice Officer, who intends to arrest or to the satisfaction of the learned DistrictMunsif cum Judicial Magistrate, Ilaiyangudi, Sivagangai District and on furtherconditions that: (a) the petitioner and the sureties shall affix their photographs and left thumbimpression in the surety bond and the Magistrate may obtain a copy of their Aadharcard or Bank pass Book to ensure their identity.(b) the petitioner shall furnish his residential address and mobile number tothe learned District Munsif cum Judicial Magistrate, Ilaiyangudi, SivagangaiDistrict. In the event of any change in his residential address, the petitioner shallreport the same to the learned District Munsif cum Judicial Magistrate, Ilaiyangudi,Sivagangai District.(c) the petitioner shall report before the respondent police daily at 10.30 a.m.,until further orders. Further, the petitioner shall appear before the InvestigationOfficer as and when required for interrogation.(d) the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.(e) the petitioner shall not abscond either during investigation or trial.5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.9523 of 2025(f) on breach of any of the aforesaid conditions, the learned Magistrate/ TrialCourt is entitled to take appropriate action against the petitioner in accordance withlaw as if the conditions have been imposed and the petitioner released on bail bythe learned Magistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560].(g) if the accused thereafter abscond, a fresh FIR can be registered underSection 269 of BNS, 2023.9. In the result, this Criminal Original Petition is allowed subject to theconditions stated supra. Consequently, the connected miscellaneous petition isclosed. sd/- 18/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023. palTO1.The District Munsif cum Judicial Magistrate, Ilaiyangudi, Sivagangai District.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.9523 of 20252. Do through the Chief Judicial Magistrate, Sivagangai.3.The Inspector of Police, Salaigramam Police Station, Sivagangai District.4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. SIVAGANGAI DISTRICT.+1 CC to M/s.I.KANNAN, Advocate ( SR-7768[I] dated 18/07/2025 ) ORDER IN CRL OP(MD) No.9523 of 2025 Date :18/07/2025 PS/SAR.06.08.2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7