CRL OP(MD). No.19774 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.19774 of 2025 Ezhilan ... Petitioner/Accused Vs The State of Tamilnadu Rep By The Inspector of Police, Gandarvakottai Police Station, Pudukottai District. Crime No.265/2025. ... Respondent/Complainant For Petitioner : Mr.T. Eashwar, Advocate. For Respondent : Mrs.M.Aasha, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.265 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19774 of 2025 The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 118(1), 353(3) and 303(2) NP BNS 2023, in Crime No.265 of 2025 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that on 27.10.2025, due to previous motive the petitioner herein waylaid the defacto complainant and assaulted him with weapons causing injuries. Hence, the complaint. 3. The learned Government Advocate (Crl. Side) submits that it is a case and counter case and the injured has been discharged from the hospital. He further submitted that the petitioner herein had taken the mobile phone and two sovereigns of jewels belonging to the defacto complainant, and in the counter case, the defacto complainant had taken five sovereigns of jewels belonging to the petitioner, and that the investigation in both cases is pending. 4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19774 of 2025 respondent police. 5. Considering the nature of allegation against the petitioner and that it is a case and counter case and that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 learned Judicial Magistrate, Gandarvakottai, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions 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 Aadhaar card or bank pass book to ensure their identity; 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19774 of 2025 [b] the petitioner shall report before the Town Police Station, Pudukkottai daily at 10.30 am for a period of two weeks and thereafter, appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation before the respondent police; [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19774 of 2025 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. (S S Y J) 10.11.2025 TRP TO 1. Judicial Magistrate, Gandarvakottai 2. The Inspector of Police, Gandarvakottai Police Station, Pudukottai District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19774 of 2025 S.SRIMATHY,J TRP ORDER IN CRL OP(MD) No.19774 of 2025 Date : 10/11/2025 6/6 https://www.mhc.tn.gov.in/judis