M. Karuppudaiyar @ Karuppu Udaiyar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/05/2025 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR 1.M.Karuppudaiyar @ Karuppu Udaiyar 2.S.Chandrasekar @ Chandhira Sekar 3.S.Maniarasu @ Maniyaarasu ... Petitioners/Accused Nos.1 to 3 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Lalgudi Police Station, Trichy District.

Crime No.248/2025.

... Respondent/Complainant For Petitioner : Mr.S.Vinayak For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) For Intervenor : Mr.S.B.Kavin Prince PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.248/2025 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the 1/4

respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS and Section 4 of TNPHW Act in Crime No.248 of 2025, seek anticipatory bail.

2.The case of the prosecution is that due to property dispute the petitioners herein attacked the defacto complainant with wood and the other accused have kicked the defacto complainant and thereby, they caused injuries to the defacto complainant. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the injured has been discharged from the hospital and the first petitioner is having three previous cases in his credit. He further submits that the petitioners also lodged a counter complaint against the defacto complainant herein, for which, an FIR in Crime No.249 of 2025 has been registered as against the defacto complainant herein.

5.The learned Counsel for the intervenor submits that the petitioners have caused serious injuries to the defacto complainant and opposed to grant anticipatory bail to them.

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6.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Lalgudi, Trichy District on condition that the petitioners shall execute a bond for a sum of Rs.15,000/-(Rupees Fifteen 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 Magistrate concerned 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 report before the respondent police daily at 05.00 pm for a period of two weeks;

(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; 3/4

(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]; and; (f)if the accused thereafter abscond, a fresh FIR can be registered under 269 of BNS 2023.

sd/- 14/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO

1. The Judicial Magistrate,Lalgudi, Trichy District.

2. Do through the Chief Judicial Magistrate, Trichy.

3. The Inspector of Police,Lalgudi Police Station,Trichy District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.8634 of 2025 Date :14/05/2025 PP/28.05.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4