Allowed

S Akilan v. The State of Tamil Nadu

Madras HC5 Jun 2025/9319/2025

Case brief

AI extract

What is this about?

Anticipatory bail sought by the accused in an assault case arising from a construction dispute, with a counter case registered. The court noted the injured was discharged from hospital and enlarged the petitioner on anticipatory bail with conditions including a Rs.10,000 bond and daily police reporting for thirty days.

What did the court decide?

Petitioner ordered to be released on anticipatory bail on bond of Rs.10,000 with two sureties and conditions including daily reporting to police for 30 days.

S Akilan Vs The State of Tamil Nadu — Quashing and FIR | Madras HC (2025)

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CRL OP(MD). No.9319 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 05/06/2025

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PRESENT

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THE HONOURABLE MR. JUSTICE P. VADAMALAI

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CRL OP(MD). No.9319 of 2025

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S.Akilan, S/o.Sankarapandian

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... Petitioner/Sole Accused

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The State of Tamil Nadu, Rep. by the Sub Inspector of Police, T.Kallupatti Police Station, Madurai District. (Crime No.94 of 2025)

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... Respondent/Complainant

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For Petitioner : Mr.N.Ganesh,

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Advocate

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For Respondent : Mr.M.Karunanithi, Government Advocate

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(Criminal Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.9319 of 2025

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PRAYER :- For Anticipatory Bail in Crime No.94 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(1), 296(b), 118(1) and 351(3) of BNS, 2023 in Crime No.94 of 2025 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that there was a construction dispute between the petitioner's father and the de-facto complainant. On 19.05.2025, when the de-facto complainant was travelling in his motor bike, the petitioner/accused intercepted the de-facto complainant and attacked the de-facto complainant with wooden stick using obscene words and also threatened him with dire consequences. Hence, the case.

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The learned counsel for the petitioner submitted that the it is a case, case in counter. On 18.05.2025, the de-facto complainant, along with his henchmen, went to the shopping complex of the petitioner's father and damaged the shutter gates and looted the property. In connection with the aforesaid incident, the petitioner's father has lodged a complaint in Crime No.93 of 2025 on the file of the respondent police against the de-facto complainant. Hence, he seeks anticipatory bail to the petitioner.

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The learned Government Advocate (Criminal Side) submitted that it is a case, case in counter, and the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.9319 of 2025

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Considering the facts and circumstances of the case, and also taking into

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account of the fact that injured has been discharged from the hospital, this Court is inclined to enlarge the petitioner on anticipatory bail.

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Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Peraiyur 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned District Munsif cum Judicial Magistrate, Peraiyur and on further conditions that:

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(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 Aadhar card or Bank pass Book to ensure their identity;

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(b) the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of thirty days and thereafter, as and when required for the interrogation;

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(d) the petitioner shall not abscond either during investigation or trial;

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.9319 of 2025

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(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial

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Court is entitled to take appropriate action against the petitioner in accordance with

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law as if the conditions have been imposed and the petitioner 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]; and;

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(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

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sd/05/06/2025

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/06/2025

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Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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MKN

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1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PERAIYUR.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

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3 THE SUB INSPECTOR OF POLICE, T.KALLUPATTI POLICE STATION, MADURAI DISTRICT.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.9319 of 2025

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ORDER IN CRL OP(MD) No.9319 of 2025 Date :05/06/2025

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SA/SAR. /10.06.2025/5P/5C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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https://www.mhc.tn.gov.in/judis

S Akilan v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

S Akilan v. The State of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

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