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2025 DAILYLAW 42733 (MAD)

Thangarasu v. STATE REP. BY

CRL OP/9463/2025 · 2025-04-01

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.9463 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-04-2025 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL O.P NO.9463 of 2025 1. M. Thangarasu S/o. Maadhu 2. T. Anitha 3. R. Senthil Kumar S/o. Ramasamy ....Petitioners/Accused 1 to 3 Vs The State Rep. by The Inspector of Police, Palladam Police Station, Palladam (Crime No. 298 of 2025) ....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.298 of 2025, pending on the file of the respondent police. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9463 of 2025 For Petitioners : M/s.J. Franklin For Respondent : Mr. S. Balaji Government Advocate (Crl. Side) ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 351(3) of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.298 of 2025, on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that, on 10.03.2025, the petitioners demanded money from the de facto complainant and attacked her. Hence, the case. 3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent; that they are no way connected with the said offence and that the petitioners are ready to abide by any conditions that may be imposed by this Court and prayed for anticipatory bail to the petitioners. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9463 of 2025 4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured has been discharged from the hospital and that the petitioners have no bad antecedents. 5. Considering the aforesaid facts, the nature of allegation against the petitioners, submissions made by the learned counsels on either side, the fact that the petitioners have no bad antecedent; and since custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6. Accordingly, the petitioners are ordered to be released on 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 learned Judicial Magistrate, Palladam, on condition that each of 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 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9463 of 2025 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 everyday 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 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9463 of 2025 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S. 01.04.2025 bga To 1. The Judicial Magistrate, Palladam. 2. The Inspector of Police, Palladam Police Station, Palladam. 3. The Public Prosecutor, High Court, Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9463 of 2025 SUNDER MOHAN, J. bga Crl.O.P. No.9463 of 2025 01.04.2025 6/6 https://www.mhc.tn.gov.in/judis