Allowed

Saravanan v. The State of Tamilnadu

Madras HC23 Jan 2025CRL OP(MD)/1300/2025

Case brief

AI extract

What is this about?

Anticipatory bail sought by eight accused in a Pongal festival clash case with cross-cases between two groups. The court granted anticipatory bail noting the case and counter-case pending investigation and no previous cases against the petitioners, subject to conditions including bond execution and reporting to police.

What did the court decide?

Anticipatory bail granted to petitioners on bond of Rs.10,000 each with two common sureties, subject to conditions including reporting to respondent police and not tampering with evidence or witnesses

Saravanan Vs The State of Tamilnadu — Anticipatory Bail | Madras HC (2025)

¶1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶2

( Criminal Jurisdiction )

¶3

Date : 23.01.2025

¶4

PRESENT

¶5

The Hon`ble Mr.Justice N.ANAND VENKATESH

¶6

CRL OP(MD). No.1300 of 2025

¶7

1.Saravanan 2.Sathish Kumar @ Sathishkumar

¶8

3.Prasanth 4.Sanjay @ Sanjai 5.Kannan

¶9

6.Ganesan 7.Sownthararajan @ Soundara Rajan

¶10

8.Vasanth ... Petitioners / A1 to A5, A7 to A9

¶11

¶12

The State of Tamil Nadu Represented by the Inspector of Police, Thathaiyangarpet Police Station, Trichy District. (Crime No.12 of 2025) ... Respondent/Complainant

¶13

For Petitioners : Mr.C.Senthil Murugan, Advocate

¶14

For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side)

¶15

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

¶16

1/5

¶17

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act.

¶18

PRAYER :-

¶19

For Anticipatory Bail in Crime No. 12 of 2025 on the file of the respondent police.

¶20

ORDER : The Court made the following order :-

¶21

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 351 (3) of BNS 2023, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women At, 2002 in Crime No.12 of 2025 on the file of the respondent police, seek anticipatory bail.

¶22

The case of the prosecution is that during the Pongal festival there was a clash between two groups and the accused persons are said to have abused in filthy language and assaulted the defacto complainant and others as a result of which, four persons were injured. There are totally 10 accused persons in this case and the petitioners have been arrayed as A1 to A5, A7, A8 and A9. A6 and A10 were already arrested in this case.

¶23

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

¶24

2/5

¶25

Heard the learned counsel on either side and perused the material records of the case.

¶26

Taking into consideration the facts and circumstances of the case and considering the manner in which the entire incident had taken place and taking note of the fact that there is a case and counter-case in Crime Nos.11 and 12 of 2025 pending investigation before the respondent police and taking note of the fact that there are no previous cases against the petitioner, this Court is inclined to grant interim anticipatory bail to the petitioners.

¶27

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thuraiyur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common sureties each for a like sum to the satisfaction

¶28

of the 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:

¶29

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

¶30

3/5

¶31

[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.

¶32

[b] the petitioners shall report before the respondent police as and when required for interrogation.

¶33

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

¶34

[d] the petitioners shall not abscond either during investigation or trial.

¶35

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial

¶36

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

¶37

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

¶38

4/5

¶39

[f] If the accused thereafter absconds, a fresh FIR can be registered under

¶40

Section 269 of BNS, 2023.

¶41

Sd/23/01/2025

¶42

/ TRUE COPY /