Munish Alias Munieswaran v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.28800 of 2025 1.Munish @ Munieswaran 2.Abinesh 3.Puramani @ Manikandan 4.Sukumar ... Petitioners Vs.

State, Rep. by The Inspector of Police, Edappadi Police Station, Salem District.

... Respondent (Cr.No.467 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest pending investigation in Cr.No.467 of 2025 on the file of the respondent police.

For Petitioners :

Mr.R.Lingakumar For R1 & R2 :

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

ORDER

The petitioners apprehend arrest at the hands of the respondent police for the alleged offence under Section 189(2), 126(b), 115(2), 118(1) and 351(3) of BNS in Crime No.467 of 2025 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that there was wordy quarrel due to previous enmity between the petitioners and the defacto complainant, the petitioners joined hands with other accused abused the defacto complainant in filthy language and assaulted him with wooden log and caused injury. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any such offence as alleged by the defacto complainant and they has been falsely implicated in this case. He further submitted that they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and upon instructions reported that the injured has been discharged from the hospital and further submitted that no previous bad antecedents have been registered against the petitioners. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Considering the above facts and circumstances of the case, taking note of the submission made by the learned Government Advocate (Criminal Side), the nature of allegation, and also the fact that the injured has been discharged from the hospital and no previous bad antecedents registered 2/4

against them, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned District Munsif Cum Judicial Magistrate, Edappadi, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity;

(c) The petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks K.RAJASEKAR, J.

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and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

24.10.2025 ssi To:

1.The District Munsif Cum Judicial Magistrate, Edappadi. 2.The Inspector of Police, Edappadi Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras. Crl.O.P.No.28800 of 2025 4/4