V.Murugan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.05.2025 PRESENT THE HONOURABLE MS. JUSTICE R.POORNIMA V.Murugan
...Petitioner/Accused Rank Not Known
Vs The State of Tamilnadu Rep. by the Inspector of Police, K.Pudur Police Station, Madurai City, Madurai District.
(Crime No. Not known of 2025).
... Respondent/Complainant For Petitioner : Mr.A.Uthaya Kumar For Respondent : Mrs.M.Aasha Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. Not Known of 2025 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused (rank not known), who apprehends arrest at the hands 1/5
of the respondent police for the offences punishable under Sections 329(4), 296(b), 126 (2), 351(2) of BNS, 2023 in Crime No. Not Known of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner received a sum of Rs.50,000/- after assuring that he would show a piece of land for sale; however, he failed to show any such land. When the same was questioned, he trespassed into the office of the defacto complainant and abused the defacto complainant with filthy language and threatened with dire consequences. Hence, the case.
3. The learned counsel for the petitioner submitted that the defacto complainant had received a sum of Rs.50,000/- towards land brokerage commission and subsequently refused to pay the same to the petitioner. Hence, in order to evade payment of the commission, the defacto complainant has lodged a false complaint. He further submitted that the petitioner is willing to co-operate with the investigation and undertakes not to threaten the defacto complainant. Therefore, he prayed that this petition be allowed.
4. The learned Government Advocate (Criminal Side) for the respondent police concurred with the submission made by the learned counsel for the petitioner that the petitioner is willing to co-operate with the investigation.
5. Taking into consideration the facts and circumstances of the case, as well as 2/5
the assurance given by the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 Court No.V, Madurai, 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 fails 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;
[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 3/5
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.
NSR TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE, K.PUDUR POLICE STATION, MADURAI CITY, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4/5
ORDER
IN CRL OP(MD) No.9161 of 2025 Date :28/05/2025 SA/SAR. /02.06.2025/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5