Mariyappan v. The State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN

1. Mariyappan.

2. Subramani.

3. Lakshmi.

... Petitioners/Accused 1, 4 & 6 /versus/ State Rep.by, The Inspector of Police, Mecheri Police Station, Salem District (Crime No.433 of 2025) ...Complainant/Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their arrest in Crime No.433 of 2025 on the file of Mecheri Police Station, Salem.

For Petitioners :

Mr.T.Ganesan For Respondent :

Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/6

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police, for the alleged offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 329(4), 351(3) of BNS read with Section 4 of TNPHW Act, (147, 148, 294, 324, 448, 506 of IPC), in Crime No.433 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The prosecution case is that, on 21.07.2025, due to prior enmity, the petitioner abused the defacto complainant in filthy language and slapped him near Semannur Mandhai Pilliyar Temple. Thereafter, the petitioner went to the complainant's house, abused his wife, pulled her hair and assaulted her right knee with a blow pipe. The complainant was admitted to the hospital and lodged a complaint, based on which the respondent police registered the FIR.

3. The Learned Counsel appearing for the petitioner submitted that a land dispute between the defacto complainant and the petitioners had led to registration of this case and counter-case.

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4. The Learned Government Advocate (Crl.Side) appearing for the respondent states that the injured persons were discharged from hospital.

5. Heard the learned counsel on either side and perused the materials available on record.

6. Considering the nature of the complaint, this Court is inclined to grant anticipatory bail to the petitioners subject to certain conditions.

7. Accordingly, the petitioners ordered to be released on bail in the event of arrest or on their appearance, on or before 12.09.2025 before the learned Judicial Magistrate-2, Mettur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a likesum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] If the petitioners fail to surrender before the concerned Court on or before 12.09.2025, this Order shall stand automatically cancelled;

[b] The sureties shall affix their photographs and 3/6

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; [c] The petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.

[d] 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 01.09.2025 bsm To,

1. The Judicial Magistrate No.2, Mettur.

2. The The Inspector of Police, Mecheri Police Station, Salem District. 3.The Public Prosecutor, High Court of Madras. 4/6

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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Dr.G.JAYACHANDRAN, J.

bsm 01.09.2025 6/6