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Madras High CourtCRL OP(MD)/10413/2025allowed

Muneeswari @Numeswari v. State Of Tamilnadu Rep By Inspector Of Police, Ammapatti

2025-07-08Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Muneeswari @ Muneshwari, W/o.Muthukumar 2.Kayathri, D/o.Muthukumar 3.Deivanai @ Theivanai, W/o.Muniyandi 4.Rajeshwari, W/o.Koodlingam 5.Saraswathi, D/o.Karuppiah 6.Mariselvi, D/o.Mariappan ... Petitioners/A4 to A6, A9 to A11 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Ammapatti Police Station, Virudhunagar District.

(Crime No.69 of 2025) ... Respondent/Complainant 1/6

For Petitioners : Mr.Muthupandi D, 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.69 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A4 to A6, A9 to A11, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 324(4), 303(2), 127(2), 118(1) and 351(2) of BNS, 2023 in Crime No.69 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that during Pongal festival, there was a wordy quarrel between the petitioners and the de-facto complainant, as a result of which, the petitioners, along with other accused, abused the de-facto complainant using filthy language, assaulted him and also threatened him with dire consequences. Hence, the case.

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3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. He, however, submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally eleven accused persons in this case and the petitioners have been arrayed as A4 to A6 and A9 to A11. A1 to A3 were arrested and subsequently released on bail by this Court. There are no previous cases registered against the petitioners. 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 taking note of the fact that there are no previous cases registered against the petitioners, and that three of the co-accused were arrested and subsequently released on bail by this Court, and that the injured has been discharged from the hospital, and that as the date of occurrence is 28.05.2025, by this time most of the investigation might have 3/6

been completed, 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 learned Judicial Magistrate No.2, Sattur, Virudhunagar District on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 No.

2, 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 to the learned Judicial Magistrate No.2, Sattur, Virudhunagar District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.

(c) the petitioners shall report before the respondent police weekly once i.e. on every Monday at 10.30 a.m., until further orders; (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 themselves 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/- 08.07.2025 // True Copy // / /2025 Sub Assistant Registrar(CS) Madurai Bench of Madras High Court mkn 5/6

TO 1.The Judicial Magistrate No.2, Sattur, Virudhunagar District.

2.Do Through The Chief Judicial Magistrate, Sattur, Virudhunagar District@ Srivilliputhur. 3.The Inspector of Police, Ammapatti Police Station, Virudhunagar District.

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

+1 CC to M/s..D.Muthupandi, Advocate ( SR-7316[I] dated 09/07/2025 )

ORDER

IN CRL OP(MD) No.10413 of 2025 Date : 08/07/2025 JJ/23.07.2025 6P/6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6