M.Selvakumar Vs The State of Tamilnadu rep.by

The petitioner/Accused No.6, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191 (3), 332(a), 109, 351 (3), 103(1) and 61(2) of BNS, in Crime No.177 of 2025 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the petitioner along with other accused persons had attacked the brother of the defacto complainant. Due to which, he sustained injuries and thereafter he died. Hence, the present case.

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The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is arrayed as A6 after the alteration report and he was falsely implicated. He further submitted that there is no previous case pending against the petitioner. He further submitted that the petitioner is willing to abide by

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

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any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

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The learned Government Advocate (Criminal Side) submitted that there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

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Considering the facts and circumstances of the case and also the fact that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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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 Judicial Magistrate, Ottanchathiram 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

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Judicial Magistrate, Ottanchathiram 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 furnish his residential address and mobile number to the learned Judicial Magistrate, Ottanchathiram. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Ottanchathiram;

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(c) the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for the purpose of interrogation.

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(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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

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(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is

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entitled to take appropriate action against the petitioners 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]; and;

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

(S S Y J) 10.11.2025

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