Murugan @ Chinnakaruppan 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 Murugan @ Chinnakaruppan ... Petitioner/Accused Vs The State of Tamilnadu, Rep. by the Inspector of Police, Sedapatti Police Station, Madurai District.
Crime No.46/2025.
... Respondent/Complainant For Petitioner : Mr.G. Rajan Advocate For Respondent : Mr.S.Prakash Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.46 of 2025 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner / accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under sections 191(2), 296(b), 115(2), 118(1) of BNS, 2023 r/w. Section 4 of Prohibition of Harassment of Women Act, 2002, in Crime No.46 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 02.04.2025 at about 9.00 pm., when the victim was waiting for Bus, in the bus stop, Ayothipatti, due to previous enmity, the petitioner herein and other accused are said to have attacked the victim with hands and also abused him in filthy language. Hence, a case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. Hence, he seeks anticipatory bail.
4. The learned Government Advocate (Crl side) appearing for the respondent - Police submitted that the injured has already been discharged from the hospital and the co-accused have already been released on anticipatory bail by this Court vide order, dated 24.04.2025 in Crl.O.P(MD).No.7374 of 2025. He further submitted that the investigation of the case is still pending and hence, he prays to dismiss this 2/5
Criminal Original Petition.
5. Taking into consideration of the facts and circumstances of the case and also the fact that the co-accused have already been released on anticipatory bail by this Court and also taking note of the fact that the injured has already been 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 bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned District Munsif - cum - Judicial Magistrate, Peraiyur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a)the petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m until further orders;
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(c) the petitioner shall submit his residential address and contact number to the learned District Munsif - cum - Judicial Magistrate, Peraiyur. If he changes the residence, he shall inform the same to the concerned Magistrate without fail. (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner 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 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; (g)if the accused/petitioner thereafter absconds, 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.
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TRP TO 1 THE DISTRICT MUNSIF - CUM JUDICIAL MAGISTRATE, PERAIYUR, 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE, SEDAPATTI POLICE STATION, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S. RAJAN. G Advocate SR.No.6069 (I) DT.09/06/2025
ORDER
IN CRL OP(MD) No.9497 of 2025 Date :09/06/2025 NM/13.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5