T.Anand v. The State of Tamilnadu

CRL OP(MD).No.11082 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 03/07/2025PRESENTTHE HONOURABLE MR.JUSTICE P.VADAMALAICRL OP(MD).No.11082 of 2025T.Anand, S/o.Thangadurai, ...Petitioner/ Accused No.1 VsThe State of Tamilnadu rep.by The Inspector of Police, Koodankulam Police Station, Tirunelveli. (Crime No.345 of 2025) .. Respondent/Complainant For Petitioner : Mr.M.M.Manivelpandian Advocate. For Respondent : Mr.M.Karunanithi Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For Bail in Crime No.345 of 2025 on the file of the Respondent Police.1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11082 of 2025ORDER : This Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicialcustody on 15.06.2025 for the offences punishable under Sections 296(b), 132, 351(3)of BNS, 2023 and Section.25(1)(a) of the Arms Act, 1959 in Crime No.345 of 2025 onthe file of the respondent police, seeks bail. 2. The case of the prosecution is that on 15.06.2025, the respondent police while onpatrolling duty, they found that the accused persons were in illegal possession ofAruval and the respondent police intercepted them, the accused persons abused thepolice officials by using filthy languages and threatened with dire consequences andthereby prevented the public servant from discharging their official duty. Hence, thecase. 3. The learned counsel for the petitioner would submit that there are totallytwo accused persons were involved in this case, this petitioner was arrayed as firstaccused. The petitioner is an innocent person and he has not committed any offencesas alleged by the prosecution. The petitioner is ready and willing to abide anyconditions that may be imposed by this Court. He would further submit that the2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11082 of 2025petitioner is in custody from 15.06.2025 nearly 19 days. Hence, he seeks bail.4. The learned Government Advocate (Criminal Side) would submit that at thetime patrolling duty the respondent police intercepted the accused persons, at thattime, they quarrelled with police officials by using filthy language and threatenedthem with dire consequences. The co-accused enlarged on bail by the PrincipalDistrict Judge, Tirunelveli. The petitioner is a habitual offender and he is HistorySheeter. There are some previous cases pending against this petitioner. Hence, heobjected to grant bail to the petitioner.5. Taking into consideration of the facts and circumstances of the case and alsotaking note of the fact that in this case, no one injured at the time of occurrence, already the co-accused enlarged on bail by the Principal District Judge, Tirunelveli, the petitioner/accused No.1 is in judicial custody from 15.06.2025, taking intoconsideration of the period of incarceration, this court is inclined to grant bail to thepetitioner, subject to the following conditions: 6. Accordingly, the petitioner is ordered to be released on bail on executing abond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with twosureties, each for a like sum to the satisfaction of learned Judicial Magistrate, Radhapuram and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11082 of 2025surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank passBook to ensure their identity.[b] The petitioner shall furnish his residential address and contact number tothe learned Judicial Magistrate, Radhapuram. If the petitioner changes hisresidential address, he shall report the same to the learned Judicial Magistrate, Radhapuram;[c] the petitioner shall appear and sign before the respondent police dailytwice at 10.30 a.m., and 05.30p.m., until further orders.[d] the petitioner shall not abscond either during investigation or trial.[e] the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.[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 by thelearned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Courtin P.K.Shaji .vs. State of Kerala [(2005)AIR SCW 5560].[g] If the accused thereafter absconds, a fresh FIR can be registered under4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11082 of 2025Section 269 BNS. sd/- 03/07/2025 / TRUE COPY / 03/07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. gvnTO1. The Judicial Magistrate, Radhapuram 2. Do Through The Chief Judicial Magistrate, Tirunelveli District. 3. The Superintendent, Central Prison, Palayamkottai. 4. The Inspector of Police, Koodankulam Police Station, Tirunelveli District. 5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1. CC to M.M.MANIVELPANDIAN Advocate SR.No.39598 (F) dated 03/07/20255/6 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.11082 of 2025 ORDER IN CRL OP(MD) No.11082 of 2025 Date :03/07/2025 HPS/03.07.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6