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Madras High CourtCRL OP(MD)/9450/2025partly allowed

Udhayasuriyan v. The State Of Tamilnadu Rep. By

2025-06-11Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Udhayasuriyan, S/o.Subramanian 2.Manikandan, S/o.Nagalingam ... Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Narigudi Police Station, Virudhunagar District.

(Crime No.92 of 2025) ... Respondent/Complainant For Petitioners : Mr.Mariappan.G, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.92 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 and A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 324(4) and 115

(2) of BNS, 2023 r/w. Section 4 of Tamil Nadu Prevention of Women Harassment Act in Crime No.92 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute between the de-facto complainant and the petitioners, the petitioners attacked the de-facto complainant. Hence, the case.

3. The learned counsel for the petitioners submitted that it is a case, case in counter. A case has also been lodged by the 1st petitioner against the de-facto complainant in Crime No.91 of 2025 on the file of the respondent police. He further submitted that the petitioners are innocent persons, and they have been falsely 2/5

implicated in this case. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there is a civil dispute between the petitioners and the de-facto complainant. He further submitted that the injured has 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 considering the fact that it is a case, case in counter, and also considering the fact that the injured has been discharged from the hospital, 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 District Munsif cum Judicial Magistrate, Thiruchuli 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, Thiruchuli 3/5

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, Thiruchuli. In the event of any change in their residential address, the petitioners shall report the same to the learned District Munsif cum Judicial Magistrate, Thiruchuli; (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; (g) if the accused thereafter abscond, a fresh FIR can be registered under 4/5

Section 269 of BNS, 2023.

sd/- 11/06/2025 / 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, THIRUCHULI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.

3.THE INSPECTOR OF POLICE, NARIGUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.G.MARIAPPAN, Advocate ( SR-6242[I] dated 12/06/2025 )

ORDER

IN CRL OP(MD) No.9450 of 2025 Date :11/06/2025 HPS/20.06.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5