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Madras High CourtCRL OP(MD)/9255/2025allowed

Kolayutham v. The State Of Tamil Nadu

2025-06-04Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Kolayutham, S/o.Kalimuthu 2.Sekar, S/o.Alagappan 3.Saminathan Iyyar @ Saminathan, S/o.Lakshmanan 4.Dinesh @ Dineshkumar, S/o.Kolayutham 5.Sevugaperumal, S/o.Karuppaiah 6.Karuppaiah, S/o.Manimuthu ... Petitioners/A1 to A6 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Karur Police Station, Pudukkottai District.

(Crime No.16 of 2025) ... Respondent/Complainant 1/6

For Petitioners : Mr.R.Prasanna, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.16 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 191(2), 296(b), 118(1) and 351(3) of BNS, 2023 in Crime No.16 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the incident happened during the festival at Sithakkur Sri Sevugaperumal Ayyanar Temple. On 26.05.2025, when shawl wearing ceremony was held for the play actors on behalf of the villagers and temple trustees, the 1st and 2nd petitioners went to put the shawl on drama artists. When the same was questioned by the de-facto complainant, the petitioners assaulted the de2/6

facto complainant and scolded him in filthy language and also criminally intimidated him. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons, and they are no way connected with the offences as alleged by the prosecution. He further submits that it is a case, case in counter. A case has also been lodged against the de-facto complainant herein and 6 others in Crime No.15 of 2025 on the file of the respondent police. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the injured has been discharged from the hospital. However, he strongly objected to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to enlarge the petitioners on anticipatory bail.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of 3/6

receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Avudaiyarkovil 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 learned District Munsif cum Judicial Magistrate, Avudaiyarkovil 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 10.30 a.m. for a period of thirty days and thereafter, as and when required for the interrogation;

(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; (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 4/6

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.

sd/- 04/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT, AVUDAIYARKOVIL, PUDUKKOTTAI DISTRICT.

2 THE CHEIF JUDICAIL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, KARUR POLICE STATION, PUDUKKOTTAI DISTRICT.

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

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+1. CC to M/S.R.PRASANNA Advocate SR.No.5962 (I) DT.05/06/2025

ORDER

IN CRL OP(MD) No.9255 of 2025 Date :04/06/2025 NM/09.06.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6