Madras High CourtCRL OP(MD)/1682/2025allowed

Muruganandham v. The State Of Tamil Nadu

2025-01-29Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] Date : 29.01.2025 PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.1682 of 2025 1.Muruganandham 2.Ettappan ... Petitioners/A1 & A2 Vs State of Tamil Nadu through The Inspector of Police, Elayirampanai Police Station, Virudhunagar District.

(Crime No.27 of 2025) ... Respondent/Complainant For Petitioners : Mr.E.Marees Kumar, Advocate For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS. 1/5

PRAYER :- For Anticipatory Bail in Crime No.27 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 147, 448, 427, 379 of IPC and 296(b), 351(2) of BNS, 2023 and Section 4 of The Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.27 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a property dispute between the parties. The petitioners are the brothers of the de facto complainant. The accused persons are said to have trespassed into the property, demolished a portion of the property, and also taken away some gold jewels and household articles. There are 2 named and 5 unnamed accused persons in this case. The petitioners have been arrayed as A1 and A2.

3. Heard the learned counsel on either side and perused the material records of the case.

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4. Taking into consideration the facts and circumstances of the case and considering the fact that there was a property dispute between the parties and taking note of the fact that there is a case and counter case in Crime Nos.27 & 28 of 2025 and also considering the fact that there are no previous cases against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of their 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, Sattur, Virudhunagar District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and 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. 3/5

[b] the petitioners shall appear before the respondent Police as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 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 [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.

Sd/- 29/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.I, SATTUR, VIRUDHUNAGAR DISTRICT.

2 DO-THROUGH- THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, ELAYIRAMPANAI POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.1682 of 2025 Date :29/01/2025 ES/SKN/SAR. /13.02.2025/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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