Muthu Pandiyan @ Sudalai Muthupandiyan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Muthu Pandiyan @ Sudalai Muthupandiyan (55/2025) S/o.Velusamy .. Petitioner/Sole Accused Vs State of Tamil Nadu, The Inspector of Police, Eppodumvendran Police Station, Thoothukudi District.
(in Crime No.83 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Manikandan For Respondent : Mr.M.Karunanithi Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.83 of 2025 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 352, 353(2) of BNS 2023, in Crime No.83 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner made defamatory statements against the complainant and other officers and also prevented the complainant from discharging his official duty. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is a news reporter. Further, the petitioner along with others applied for an identity card and a free bus pass, after perusal of records an identity card and a free bus have been issued to all reporters except this petitioner and the same was questioned by the petitioner, a false case has been given. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
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4. The learned Government Advocate (Criminal Side) submitted that the petitioner made defamatory statements against the complainant and other Government Officials. He further submitted that the petitioner has involved in serious offence. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also the fact that after dismissal of earlier petitions, the respondent police have not taken any steps to secure the accused and the investigation might have been completed. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Ottapidaram, Thoothukudi District, 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 to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate, Ottapidaram, Thoothukudi 3/5
District, and on further conditions 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 furnish his residential address and mobile number to the Judicial Magistrate, Ottapidaram, Thoothukudi District. In the event of any change in his residential address, the petitioner shall report the same to the Judicial Magistrate, Ottapidaram, Thoothukudi District,.
(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.
(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 4/5
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/- 18/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
msrm To 1.The Judicial Magistrate, Ottapidaram, Thoothukudi District.
2. Do Through The Chief Judicial Magistrate, Thoothukudi District.
3.The Inspector of Police, Eppodumvendran Police Station, Thoothukudi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.10114 of 2025 Date :18/06/2025 HPS/03.07.2025 /5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5