← Library
Madras High CourtCRL OP(MD)/10344/2025granted

Gurunathan v. The State Of Tamilnadu

2025-10-28Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.10344 of 2025

1. Gurunathan

2. Muthusamy @ Sangupal

3. Malaiyammal

4. Sathish

5. Balamurugan

6. Ajithkumar ... Petitioners/A1 to A6

Versus

The State of Tamilnadu, The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

(Crime No.41 of 2024) ... Respondent/Complainant For Petitioners : Mr.S.Manikandan For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.41 of 2024 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 324 and 506(2) of I.P.C., altered into Sections 147, 294(b), 323, 324, 506(2) and 304(ii) of I.P.C., in Crime No.41 of 2024, seek anticipatory bail.

2. The case of the prosecution is that due to the previous enmity, on 18.04.2024 at about 5.30 p.m., the petitioners herein came to the house of the defacto complainant with wooden lock and wooden reaper and attacked the defacto complainant and caused injuries, for which the defacto complainant took treatment at Government Rajaji Hospital, Madurai and was discharged on 23.04.2024 and subsequently, died on 30.04.2024. Hence, the complaint.

2/6

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and in order to damage the petitioners' image the false complaint has been lodged. The defacto complainant undergone a surgery for the chronic diabetic problems and he died on 30.04.2024 and there is no offence made out against the petitioners/A1 to A6. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police submits that the investigation is at the final stage.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the investigation is at the final stage, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this 3/6

order, before the learned Judicial Magistrate, Tiruchuli, Virudhunagar 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 Magistrate concerned 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 report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required. They have to co-operate for the investigation;

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond either during investigation or trial;

4/6

(e) 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 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;

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 28.10.2025 jbr To

1. The Judicial Magistrate, Thiruchuli, Virudhunagar District.

2. The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.10344 of 2025 Date : 28.10.2025 6/6