Murugan v. State Of Tamilnadu Rep By Inspector Of Police, Theni

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.05.2025 PRESENT THE HONOURABLE MS.JUSTICE R.POORNIMA Murugan ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Gandamanur Police Station, (Crime No.85 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.S.Murugan For Respondent : Mr.A.S.Abul Kalam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.85 of 2025 on the file of the respondent police. 1/5

ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 118(1) of BNS, in Crime No.85 2025, seek anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant had entered into a wordy quarrel and consequently, the defacto complainant was attacked by the accused and sustained injury. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that there is a case in counter registered against the defacto complainant in Crime No.84 of 2025 and due to attack, the petitioner was admitted in hospital. He further submits that the petitioner is an innocent person and false case has been foisted against him. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that there is a case in counter and the injured person was discharged from the hospital. He further submits that previously, three cases have been registered against the petitioner and the same were disposed of. 2/5

5. Considering the fact that the previous cases registered against the petitioner have been disposed of and also considering the fact that the injured person was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aundipatti, Theni District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only), 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, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled; [b] the petitioner shall report before the respondent police for a period of 30 days and as and when required for interrogation; [c]the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[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 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 Section 269 of BNS 2023.

sd/- 28/05/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

GBG TO 1 THE JUDICIAL MAGISTRATE AUNDIPATTI, THENI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE INSPECTOR OF POLICE, THENI, GANDAMANUR PS 4/5

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

+1 CC to M/s.A.S.MURUGAN, Advocate ( SR-5797[I] dated 28/05/2025 )

ORDER

IN CRL OP(MD) No.9108 of 2025 Date :28/05/2025 SS/SAR- /03/06/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5