Muthu v. The State Represented By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Muthu

2. Kannammal

3. Radhika

4. Ponnusamy Petitioner(s) Vs The State Represented by, The Inspector of Police, Molasi Police Station, Namakkal District. (In Crime No. 82/2025) Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioners on bail in the event of arrest in Crime No. 82 of 2025 by the Respondent Police pending investigation and grant Anticipatory Bail and pass such further or other order as deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner(s):

Mr.Bharanidharan S For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.Side)

ORDER

The Petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b) & 351(3) of BNS 2023, in Crime No.82 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that a verbal altercation between the petitioners and the defacto complainant regarding the land dispute escalated into abuse and assault with the petitioners allegedly using filthy language and causing injuries to the defacto complainant, leading to the filing of the complaint and the present case.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons, and due to previous enmity, the petitioners have been falsely implicated in this case and thereby, he would seek for anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and on instructions submitted that the injured was discharged from the hospital.

5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

6.Considering the nature of dispute; that the injured was discharged from the hospital and the fact that the custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Kumarapalayam, on condition that the petitioners shall execute a separate bond

for a sum of Rs.10,000/- (Rupees ten thousand only), each 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 said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] 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;

[b] the petitioners shall report before the respondent Police, as and when required for interrogation;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against

the petitioners in accordance with law as if the 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 reported in [(2005)AIR SCW 5560];

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

12-09-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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.

To 1.The State Represented by, The Inspector of Police, Molasi Police Station, Namakkal District. (In Crime No. 82/2025) 2.The Judicial Magistrate, Kumarapalayam.

3.The Public Prosecutor, High Court of Madras, Madras.

T.V.THAMILSELVI J.

gbi CRL OP No. 24771 of 12-09-2025