Muthusamy v. The State Rep By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-09-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP No. 25557 of 2025 1.Muthusamy 2.Perumayee 3.Manimegala 4.Manikandan @ Annamalai
...Petitioners
Vs The State Rep by, The Inspector of Police, Nangavalli Police Station, Salem District.
(Crime No. 220/2025)
...Respondent(s)
Criminal Original Petition filed under Section 482 of BNSS, Act, 2023 praying to enlarge the petitioners in the event of their arrest by the respondent police in pursuant to the FIR in Crime No. 220 of 2025 on the file of the respondent police.
For Petitioner(s) : Deepak Kumar C For Respondent(s) : Mr.S.Udayakumar Government Advocate [Criminal Side] ----
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 189(2), 296(b), 115(2), 118(1), 324(2) and 351(3) of BNS in Crime No.220 of 2025, on the file of 1/6
the respondent Police, seeks anticipatory bail.
2. The allegation against the petitioners is that the petitioners had damaged the vehicle bearing Registration No. TN-93-J-3426 with stones belongs to the de-facto complainant due to previous enmity. When the same was questioned by the de-facto complainant and his son, the petitioners had assaulted the de-facto complainant and his son by using filthy language and threatening with dire consequences. In the impact, the de-facto complainant and his son had sustained injuries. Hence the complaint.
3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case. He further submits that they have not committed any offence as alleged by the prosecution. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for her release. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that the injured persons had been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners. 2/6
5. Heard the learned counsels on either side and perused the materials available on record.
6. Considering the facts and circumstances of the case, submissions made by learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Mettur, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:
(a) If the petitioners fails to surrender before the concerned Magistrate, within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
[b] 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;
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[c] the petitioners shall report before the respondent Police daily at 10.30 a.m for a period of one week and thereafter, as and when required for interrogation;
[d] the petitioners are directed to pay a sum of Rs.10,000/- [Rupees Ten Thousand Only] to the credit of Crime No.220 of 2025 and also the de-facto complainant is permitted to withdraw the same in the manner known to law.
[e] 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 themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17.09.2025 MSM 4/6
To 1.The Judicial Magistrate No.I, Mettur.
2.The Inspector of Police, Nangavalli Police Station, Salem District.
(Crime No. 220/2025) 3.The Public Prosecutor, High Court of Madras. K.RAJASEKAR , J.
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MSM 17.09.2025 6/6