Allowed

Vijay Gobal v. The State of Tamil Nadu

Madras HC29 Jan 2025CRL OP(MD)/1733/2025

Case brief

AI extract

What is this about?

Anticipatory bail sought by accused A5 in an assault case where the de facto complainant was attacked with beer bottles and abused and threatened by six accused. The court noted the injured was discharged and no previous cases against the petitioner, and granted anticipatory bail with conditions including bond, sureties, appearance as required, and non-tampering.

What did the court decide?

Anticipatory bail granted: release on bond of Rs.10,000 with two sureties within fifteen days, subject to conditions including appearance for interrogation and no tampering or absconding.

Vijay Gobal Vs The State of Tamil Nadu — Anticipatory Bail | Madras HC (2025)

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CRL.O.P.(MD)No.1733 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 : 29.01.2025

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PRESENT

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THE HON`BLE MR.JUSTICE N.ANAND VENKATESH

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CRL.O.P.(MD)No.1733 of 2025

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Vijay Gobal

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... Petitioner/Accused Rank Not Known Vs

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State of Tamil Nadu

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rep. by The Inspector of Police, Shanarpatti Police Station, Dindigul. (Crime No.20 of 2025)

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... Respondent/Complainant

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For Petitioner : Mr.P.Manikandan, Advocate For Respondent : Mr.A.Albert James, Government Advocate (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.O.P.(MD)No.1733 of 2025

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PRAYER :-

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For Anticipatory Bail in Crime No.20 of 2025 on the file of the respondent police. 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 alleged offences under Sections 191(2), 296(b), 118(1), 351(2) of BNS and Section 4 of The Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.20 of 2025 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the accused persons are said to have attacked the de facto complainant with beer bottles and hands and caused injuries. That apart, the accused persons also abused the de facto complainant in filthy language and threatened with dire consequences. There are 6 accused persons in this case. The petitioner has been arrayed as A5. A4 has been arrested in this case.

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

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Taking into consideration the facts and circumstances of the case and

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considering the manner in which the incident has taken place and taking note of the https://www.mhc.tn.gov.in/judis

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CRL.O.P.(MD)No.1733 of 2025

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fact that the injured has been discharged from the hospital and there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is 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 No.III, Dindigul, 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 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:

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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 appear before the respondent Police as and when required for interrogation.

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CRL.O.P.(MD)No.1733 of 2025

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

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

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[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 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 ].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

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sd/29/01/2025 / TRUE COPY /

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/02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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JEN

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