Krishnan v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Krishnan S/o.Alagarsamy 2.Muthukumar S/o.Krishnan 3.Alagarsamy S/o.Krishnan ... Petitioners/A1 to A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Mallanginar Police Station, Virudhunagar District.

(Crime No.104 of 2025) ... Respondent/Complainant For Petitioners : Mr.R.Murugappan Advocate For Respondent : Mr.M.Karunanithi Government Advocate (Criminal Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.104 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023, in Crime No.104 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 25.05.2025 at around 6.00 p.m., the petitioners 1 and 2 and one Muniyasamy were collecting tax for village temple festival. While they asked the defacto complainant to pay tax, he refused to pay. Further, a land dispute also arose between them, in which the petitioners have abused the defacto complainant by using filthy language and attacked him with iron rod and also criminally intimidated him. Hence, the case. 2/6

3. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. He further submits that it is a case in counter. The respondent police has registered the case in Crime No.103 of 2025 against the defacto complainant. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the first petitioner is having three previous cases and the second petitioner is having one previous case and the third petitioner is having two previous cases. He would further submit that it is a case in counter and the injured persons have already been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5.Considering the facts and circumstances of the case and also considering the fact that it is a case in counter and the injured persons have already 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 bail in the event of 3/6

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 District Munsif-cum-Judicial Magistrate Court, Kariyapatti, 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 District Munsif-cum-Judicial Magistrate Court, Kariyapatti, 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 District Munsif-cum-Judicial Magistrate Court, Kariyapatti. In the event of any change in their residential address, the petitioners shall report the same to the learned District Munsif-cum-Judicial Magistrate Court, Kariyapatti; (c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

(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; 4/6

(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 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 BNS.

sd/- 10/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSD TO 1.THE DISTRICT MUNSIF-CUM-JUDICIAL MAGISTRATE, KARIYAPATTI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ 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. MURUGAPPAN.R. Advocate SR.No.33391 (F) dated 12/06/2025

ORDER

IN CRL OP(MD) No.9227 of 2025 Date :10/06/2025 HPS/19.06.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6