Muthu v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Muthu, S/o.Sommu ... Petitioner/A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Perungudi Police Station, Madurai District.

(Crime No.21 of 2009) ... Respondent/Complainant For Petitioner : Mr.A.S.Vaigunth, Advocate 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.21 of 2009 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent 1/5

police for the offences punishable under Sections 147, 148, 324 and 307 of IPC r/w. Section 3 of TNPPDL Act in Crime No.21 of 2009 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the accused persons attacked the de-facto complainant, caused simple injuries to him, and also damaged certain articles. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and is in no way connected with the occurrence as alleged by the prosecution. He has been falsely implicated in this case. He however submits that the petitioner is willing to abide by any conditions to be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are totally seven accused persons in this case and the petitioner has been arrayed as A3, and that co-accused were arrested and subsequently released on bail, and that there are five previous cases registered against the petitioner. He further submitted that investigation in this case has been completed and charge sheet has also been filed in P.R.C.No.22 of 2022 on the file of the Judicial Magistrate, Tirumangalam. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and taking note of the 2/5

fact that the co-accused were arrested and subsequently released on bail, and that the investigation in this case has been completed and the charge sheet has also been filed, 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 learned Judicial Magistrate, Tirumangalam, Madurai 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 learned Judicial Magistrate, Tirumangalam, Madurai 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 learned Judicial Magistrate, Tirumangalam, Madurai District.

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders, except on hearing dates. Further, the petitioner shall appear before the learned Judicial Magistrate, Tirumangalam, Madurai District, on hearing dates without fail;

(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 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/- 20/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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mkn TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM, MADURAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, PERUNGUDI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10317 of 2025 Date :20/06/2025 NBF/04.07.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5