Balamurugan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Balamurugan ... Petitioner/A7 Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Pudukkottai Police Station, Thoothukudi District.
Cr.No.544/2025.
... Respondent/Complainant For Petitioner : N. Mohideen Basha, Advocate.
For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) PRAYER :- C-8AB. For Anticipatory Bail in Cr.No.544 of 2025 on the file of the respondent police.
ORDER : The Court made the following order :- 1/7
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 3(5), 296(b), 109(1), 351(3) of BNS (Corresponding Sections 34, 294(b), 307, 506(ii) of IPC) and 25(1A) of Arms Act, 1959, in Crime No.544 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that during vehicle search, A1 and A2 weilding Aruval in their hand and tried to attack the defacto complainant/SI of Police and the police party rounded up A1 to A6 on the spot and seized 2 Aruval and 2 knifes and 10 cell phone numbers along with Amni van. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. 2/7
Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that the there are 2 previous cases pending against the petitioner and he is the owner of the van which is used by other accused. He also circulated a videograph before this court and he further submitted that the petitioner is indulged in other activities by involving other co-accused. Hence, he opposed for grant of anticipatory bail to the petitioner.
5. It is seen from the video submitted by the prosecution that where the other accused are carrying Aruval and other deadly weapons and posing themselves. Considering the facts and circumstances of the case and considering the nature of offence, 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 3/7
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 learned Judicial Magistrate No.III, Thoothukudi, within a period of fifteen days from the date on which the order copy is 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 shall stay at Madurai and report before the Judicial Magistrate No.I, Madurai, daily at 10.30 a.m, until further orders; the petitioner is granted exemption on 12.01.2026 from appearance before the Magistrate and permitted to attend function on that day;
and any relaxation petition will not be 4/7
considered for next two months;
[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[d]the petitioner shall not abscond 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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];
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
09.01.2026 PJL 5/7
TO
1. Judicial Magistrate No.III, Thoothukudi.
2.The Inspector of Police, Pudukkottai Police Station, Thoothukudi District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J PJL
ORDER
IN CRL OP(MD) No.665 of 2026 Date : 09/01/2026 7/7