N.Balaji Vs The State of Tamilnadu rep by, Inspector of Police

The petitioner/A5, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 118(1), 351(3) and 115(2) of BNS, 2023 in Crime No.268 of 2025 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that due to previous enmity with regard to a land dispute, the accused persons attacked the de-facto complainant with stone and iron rod. Hence, the case.

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The learned counsel for the petitioner submitted that it is a case, case in counter. A suit is pending in O.S.No.139 of 2023 before the learned District Munsif, Kulithalai. In order to wreak vengeance, all the family members were implicated in a false case and in fact, the defacto complainant has only attacked the petitioner, for which a complaint has been lodged against the de-facto complainant in Crime No.267 of 2025 on the file of the respondent police. He further submitted that accused Nos.2 to 4 have already been granted anticipatory bail by this Court. Hence, he seeks anticipatory bail to the petitioner.

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The learned Government Advocate (Criminal Side) submitted that there are totally five accused persons in this case and the petitioner has been arrayed as A5. The injured persons were treated only as out-patients. He further submitted that the investigation in this case has been completed and the respondent police is going to file final report. However, he opposed to grant anticipatory bail to the petitioner.

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Considering the facts and circumstances of the case, and considering the fact that it is a case, case in counter, and taking into account of the fact that the injured persons were treated only as out-patients, and considering the fact that the coaccused have been granted anticipatory bail by this Court, and also considering the fact that the investigation has been completed and the respondent police is in the process of filing the final report, 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 No.II, Kulithalai on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees

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Twenty Five Thousand only) with two sureties, each for a like sum to the https://www.mhc.tn.gov.in/judis

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satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate No.II, Kulithalai 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

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the learned Judicial Magistrate No.II, Kulithalai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Kulithalai;

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(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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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 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]; and;

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

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sd/12/06/2025

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/ TRUE COPY /

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/06/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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MKN

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TO