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Madras High CourtCRL OP/22571/2025granted

Murugan v. The State Of Tamilnadu Rep By The Sub Inspector Of Police

2025-08-13Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Murugan ... Petitioner in Crl.O.P.No.22571/2025 Mugilan ... Petitioner in Crl.O.P.No.22576/2025 Vs.

State of Tamil Nadu Rep.by The Sub-Inspector of Police, Tirupattur Taluk Police Station, Tirupattur District.

(Cr.No.296 of 2025) ... Respondent COMMON PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in Crime No.296 of 2025 pending investigation on the file of the respondent police.

For Petitioner in both cases : Ms.E.Priyadharshini For Respondent in both cases : Mr.L.Baskaran Government Advocate (Crl. Side) 1/6

COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 22.07.2025, for the offence punishable under Sections 115(2), 303(2) of BNS, 2023, in Crime No.296 of 2025, registered on the file of the respondent, seek bail.

2. The case of the prosecution is that one Karthik, an auto driver by profession and cattle breeder, lodged a complaint on 22.07.2025 before the respondent police alleging that the petitioners had stolen his goat and taken it away in their auto bearing Registration No.TN 83 A 0391. He chased them and intercepted them near Madapalli Santhai near Tirupattur and reported the matter to the respondent police. In this connection, the police recovered the goat and arrested the petitioners on 22.07.2025.

3. The learned counsel appearing for the petitioners submitted that Muhilan, the petitioner in Crl.O.P.No.22576 of 2025 is a tenant under the defacto complainant and his friend Murugan, the co-accused, is the petitioner in Crl.O.P.No.22571 of 2025. Due to a landlord-tenant dispute, a false case has been foisted against them.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there are no bad antecedents reported against the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the fact and the submission made by the learned Government Advocate (Crl.Side), this Court is inclined to grant bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 learned Judicial Magistrate No.II, Tirupattur and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioners shall report before the 3/6

respondent police as and when required;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

13.08.2025 rpl Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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1.The Judicial Magistrate No.II, Tirupattur.

2.The Sub-Inspector of Police, Tirupattur Taluk Police Station, Tirupattur District.

3.Sub Jail, Tirupattur 4.The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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rpl 13.08.2025 6/6