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Madras High CourtCRL OP(MD)/209/2026granted

Samy v. State Of Tamilnadu Rep By Inspector Of Police, Rajapalayam North

2026-02-03Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.02.2026 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY CRL OP(MD)No.209 of 2026 Samy ... Petitioner/ Accused Vs The State of Tamil Nadu Represented by The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

(Crime No.667 of 2025) ... Respondent/Complainant For Petitioner : Mr.D.Rajaboopathy For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Sid) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act 2023.

PRAYER :-For Anticipatory Bail in Crime No.667 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 194 of BNSS @ into 105(2) of BNS, in Crime No.667 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The prosecution's case is that the de facto complainant's son, Ganeshkumar, was working as a contract worker in the Tamil Nadu Electricity Department. On 29.12.2025, at about 4.30 p.m., while working on an electric pole situated at Survey No. 267/1, vacant land on the northern side of Arvind Herbals, Rajapalayam, he died due to electrocution. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner. 2/7

4. The learned Government Advocate (Crl.Side) submitted that there are no previous cases pending against the petitioner and the investigation is still pending. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that this Court had already directed the petitioner to pay a sum of Rs. 5,00,000/- (Rupees Five Lakhs only) to the family of the deceased, as the death was due to electrocution. In fact, the accused offered to pay a sum of Rs.4,00,000/- but the victim family has refused to receive the amount. Considering the same, the petitioner is ready and willing to deposit a sum of Rs.1,50,000/- to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute a 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 3/7

Judicial Magistrate Court, Rajapalayam, Virudhunagar District, within a period of fifteen days from the date on which the order copy was made ready and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; (b ) the petitioner is directed to deposit a sum of Rs.1,50,000/-(Rupees One Lakh Fifty Thousand only) to the credit of Crime No.667 of 2025 before the Judicial Magistrate Court, Rajapalayam, Virudhunagar District. On such deposit, the Judicial Magistrate Court, Rajapalayam, Virudhunagar District, shall accept the sureties furnished by the petitioner. After receipt of entire amount, the Judicial Magistrate Court, Rajapalayam, Virudhunagar District, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.667 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final 4/7

order/Judgment.

(c) the petitioner shall report before the respondent police daily at 10.30 a.m.,until further orders. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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) AIR SCW 5560] and;

(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 03.02.2026 msrm 5/7

To 1.The Judicial Magistrate Court, Rajapalayam, Virudhunagar District.

2.The Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J msrm

ORDER

IN 03.02.2026 7/7