Uma Maheswari v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1. Uma Maheswari (F/23) (A1) W/o.Arunkumar

2. Vijayaragavan (M/23) (A3) S/o.Ganeshan, ... Petitioners/Accused Nos.1 and 3 Vs State of Tamil Nadu, Rep. by the Sub-Inspector of Police, Irrukkangudi Police Station, Virudhunagar District.

(In Crime No.139 of 2025) ... Respondent/Complainant For Petitioners :

Mr.R.Jagadeeshwaran 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.139 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/5

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 351(2) of BNSS Act, r/w Section 4 of TNPHW Act, in Crime No.139 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant and the petitioners are neighbours, on 04.06.2025, at about 06.30 p.m., the defacto complainant 's dog was barking in front of the residence of the petitioners. Hence, the petitioners along with other accused persons have abused the defacto complainant in filthy language and attacked him and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that there is a case in counter and the petitioners have given a complaint against the defacto complainant in Crime No.140 of 2025. He further submitted that co-accused/A2 had already been released on bail. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the 2/5

injured person has been discharged from the hospital and the co-accused had already been released on bail. However, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and co-accused had already been released on bail, 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 Judicial Magistrate Court No.II, Sattur, Virudhunagar District, on condition that each of the petitioner shall execute a separate 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 to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate, Court No.II, Sattur, Virudhunagar 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 3/5

to the learned Judicial Magistrate Court No.II, Sattur, Virudhunagar District, In the event of any change in their residential address, the petitioners shall report the same to the learned udicial Magistrate, Court No.II, Sattur, Virudhunagar District, (c) the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of 15 days and thereafter as and when required for interrogation. (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/- 16/06/2025 / 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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msrm TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE SUB INSPECTOR OF POLICE, IRUKKANGUDI POLICE STATION SATTUR TALUK, VIRUTHUNAGAR DISTRICT.

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

+1 CC to M/s.R.JAGADEESHWARAN, Advocate ( SR-6329[I] dated 16/06/2025 )

ORDER

IN CRL OP(MD) No.9865 of 2025 Date :16/06/2025 NBF/27.06.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5