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Madras High CourtCRL OP(MD)/8344/2025allowed

Saravanan v. The State Of Tamilnadu

2025-06-11Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Saravanan, S/o.Karuppaiya 2.Chinnammal, W/o.Saravanan ... Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Mallanginar Police Station, Virudhunagar District.

(Crime No.24 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Lingarasu, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.24 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 329(3), 296(b), 115(2), 118(1) and 351(2) of BNS, 2023 r/w. Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.24 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the accused persons and the de-facto complainant during the Pongal festival. The accused persons are said to have abused the de-facto complainant in filthy language and threatened with dire consequences and also attacked the de-facto complainant and his sons. Hence, the case.

3. The learned counsel for the petitioners submitted that this is the second Anticipatory Bail application before this Court. The earlier anticipatory bail application in Crl.O.P.(MD) No.1158 of 2025 was allowed on 23.01.2025. Since the petitioners had gone to Andhra Pradesh to attend the funeral ceremony of a relative, they were unable to produce the sureties in time. Therefore, they filed Crl.M.P.(MD) 2/6

No.4234 of 2025 before this Court seeking an extension of time to comply with the order dated 23.01.2025. This Court, on 28.03.2025, extended the time to produce sureties till 09.04.2025 to comply with the said order. However, as the petitioners did not comply with the order dated 28.03.2025, the extended time lapsed, and the anticipatory bail earlier granted was dismissed, and the petitioners have now filed a fresh anticipatory bail application.

4. Considering the facts and circumstances of the case, and also considering the fact that the anticipatory bail earlier granted by this Court was dismissed solely due to the non-production of sureties within the stipulated time, this Court is inclined to grant anticipatory bail to the petitioners, subject to 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 of receipt of a copy of this order, before the learned Judicial Magistrate cum District Munsif Court, Kariyapatti, Virudhunagar District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial 3/6

Magistrate cum District Munsif Court, Kariyapatti, Virudhunagar District and on further conditions 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; (b) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate cum District Munsif, Kariyapatti, Virudhunagar District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate cum District Munsif, Kariyapatti, Virudhunagar District;

(c) the petitioners shall report before the respondent police as and when required for interrogation;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners 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 petitioners 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 4/6

Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 11/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1.THE JUDICIAL MAGISTRATE CUM DISTRICT MUNSIF COURT, KARIYAPATTI, VIRUDHUNAGAR DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

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

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

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+1 CC to M/s.S.LINGARASU, Advocate ( SR-6185[I] dated 11/06/2025 )

ORDER

IN CRL OP(MD) No.8344 of 2025 Date :11/06/2025 PR/17.06 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6