Sundar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN

1. Sundar, S/o.Selvam, 259, Manickam Nagar, Thirunagar, Madurai District.

2. Virumarajan @ Virumandi, S/o.Kubendiran, 4/5-248, Manickam Nagar, Thirunagar, Madurai District.

... Petitioners Vs State of Tamil Nadu, Rep. by the Inspector of Police, Thirunagar Police Station, Madurai District.

... Respondent For Petitioners : Mr.S.Muthu Malai Raja For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.245 of 2025 on the file of the respondent police. 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 296(b), 115(2), 125(a), 329(3) and 351(2) of the Bharatiya Nyaya Sanhita Act 2023 r/w. Section 4 of TNPWH Act, in Crime No.245 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant put thorny tree sticks on the gravel stones in front of her house and on seeing the same, on 11.04.2025, the petitioners scolded the defacto complainant in filthy language and attacked her by throwing stones and threatened with dire consequences and also caused injury. Hence the case.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Due to previous enmity, this case has been foisted against the petitioners. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submits that the injured has been discharged from the hospital.

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5. Considering the nature of the allegations and also considering the fact that the injured has been discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of 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.VI, Madurai 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 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. [b] the petitioners shall report before the respondent Police daily at 10.30 a.m. until further orders.

[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. 3/5

[e] 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 Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO

1. THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE, THIRUNAGAR POLICE STATION, MADURAI DISTRICT

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, 4/5

MADURAI.

+1 CC to M/s.S.MUTHUMALAI RAJA, Advocate ( SR-5372[I] dated 08/05/2025 )

ORDER

IN CRL OP(MD) No.8409 of 2025 Date :08/05/2025 HPS/29.05.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5