Arul Kumar @ Arun Kumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Arul Kumar @ Arun Kumar, S/o.Kandasamy 2.Govindaraj, S/o.Veerapan 3.Vasanth @ Periyasamy, S/o.Periyasamy @ Vaiyapuri 4.Subramani @ Subramanian, S/o.Palaniyappa Gounder 5.Shanmugam, S/o.Mariappa Gounder ... Petitioners/A1 to A5 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Thogamalai Police Station, Karur District.
(Crime No.196 of 2025) ... Respondent/Complainant 1/5
For Petitioners : Mr.D.Karthikraja, 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.196 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 506(i) of IPC in Crime No.196 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners forcibly collected a sum of Rs.49,200/- as a penal charge from the de-facto complainant, threatening that he would be excommunicated from the village if the amount was not paid. Hence, the case.
3. The learned counsel for the petitioners submitted that this is the second 2/5
anticipatory bail application before this Court. The date of occurrence of the alleged incident is 08.06.2023, whereas the First Information Report was registered only on 27.05.2025. The de-facto complainant has lodged this complaint nearly two years after the alleged incident, which raises serious doubts about the genuineness of the allegations. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that the issue pertains to a temple festival, and no one was injured in the incident. 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 no one was injured in the incident, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
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 receipt of a copy of this order, before the learned Judicial Magistrate No.I, Kulithalai, Karur District 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 3/5
arrest or to the satisfaction of the learned Judicial Magistrate No.I, Kulithalai, Karur District 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 Judicial Magistrate No.I, Kulithalai, Karur District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.I, Kulithalai, Karur District. (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; (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; 4/5
(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 09/06/2025 / 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 JUDICIAL MAGISTRATE NO.I KULITHALAI, KARUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT.
3 THE INSPECTOR OF POLICE, THOGAMALAI POLICE STATION, KARUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9496 of 2025 Date :09/06/2025 SS/SAR- /16/06/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5