Muruganandham @ Murugesan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Muruganandham @ Murugesan, S/o.Natarajapillai 2.Dhanabalan @ Dhanapal, S/o.Nagarajan ... Petitioners/A1 & A2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Chinnalapatti Police Station, Dindigul District.

(Crime No.131 of 2025) ... Respondent/Complainant For Petitioners : Mr.Anand R., Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.131 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 & A2, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, 2023 in Crime No.131 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant's husband went to the tea shop belonging to the petitioners and asked tea, for which the 1st petitioner asked him to get token. When the de-facto complainant refused to do so, thereby resulting in heated arguments. In the said quarrel, the petitioners attacked the husband of the de-facto complainant. Hence, the case.

3. The learned counsel for the petitioners submitted that this is the second anticipatory bail application before this Court. It is a case, case in counter. The defacto complainant's husband came to the tea shop and asked for free cigarette. When the same was refused, he attacked the petitioners. Hence, a case has also been 2/6

registered against the husband of the de-facto complainant and his brother in Crime No.132 of 2025 on the file of the respondent police. He further submitted that in respect of Crime No.132 of 2025, the husband of the de-facto complainant was also granted anticipatory bail by the learned Vacation Sessions Judge, Dindigul on 28.05.2025 in V.Crl.M.P.No.165 of 2025. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally two accused persons in this case and both of them are before this Court seeking anticipatory bail. It is a case, case in counter. 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 also considering the fact that it is a case, case in counter, and in view of the change in circumstances, 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 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 learned Judicial Magistrate, Aathoor, Dindigul 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 arrest or to the satisfaction of the learned Judicial Magistrate, Aathoor, Dindigul 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, Aathoor, Dindigul District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Aathoor, Dindigul District; (c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

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(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 Section 269 of BNS, 2023.

sd/- 12/06/2025 / 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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TO 1 THE JUDICIAL MAGISTRATE AATHOOR, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE, CHINNALAPATTI POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.9713 of 2025 Date :12/06/2025 SS/SAR- /20/06/2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6