Mullaivalan Alais Mullaivalavan v. State Of Tamilnadu Rep By Inspector Of Police, Nathampatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Mullaivalan @ Mullaivalavan, S/o.Ramaraj 2.Muthukutti @ Muthukumar, S/o.Alagarsamy 3.Mohan, S/o.Ramaraj ... Petitioners/A1, A4 & A5 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Nathampatti Police Station, Nathampatti, Virudhunagar District.

(Crime No.88 of 2025) ... Respondent/Complainant For Petitioners : Mr.R.Karunanidhi, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.88 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1, A4 & A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 126(2), 115(2), 118(1) and 324(2) of BNS, 2023 in Crime No.88 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 05.06.2025, at about 10.00 p.m., the accused waylaid the de-facto complainant, threatened him using filthy language for dancing at the temple festival, and also assaulted him, thereby causing injuries. Hence, the present case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and are in no way connected with the alleged occurrence as stated by the prosecution. In fact, it was the de-facto complainant who, after consuming alcohol, trespassed into the 1st petitioner's house and misbehaved with a woman. 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 2/6

petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally five accused persons in this case and the petitioners have been arrayed as A1, A4 and A5. A2 and A3 have been granted anticipatory bail on 16.06.2025 by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in Cr.M.P.No.1993 of 2025. He submitted that due to the incident, a Pulsar bike was completely damaged. 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 the injured has been discharged from the hospital, and that two of the co-accused have been granted anticipatory 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 learned District Munsif cum Judicial Magistrate, Watrap 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 3/6

to arrest or to the satisfaction of the learned District Munsif cum Judicial Magistrate, Watrap 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 deposit a sum of Rs.5,000/- (Rupees Five Thousand only) each to the credit of the Crime No.88 of 2025 on the file of the respondentpolice, before the learned District Munsif cum Judicial Magistrate, Watrap, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioners and learned Judicial Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalised Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.88 of 2025.

The Trial Court shall decide the entitlement to the deposit amount at the time of passing the final order or judgment. (c) the petitioners shall furnish their residential address and mobile number to the learned District Munsif cum Judicial Magistrate, Watrap.

(d) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

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

(f) the petitioners shall not abscond either during investigation or trial; (g) 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; (h) 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 District Munsif cum Judicial Magistrate, Watrap.

2.Do Through The Chief Judicial Magistrate, Watrap.

3.The Inspector of Police, Nathampatti Police Station, Nathampatti, Virudhunagar District.

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

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-7297[I] dated 09/07/2025 )

ORDER

IN CRL OP(MD) No.10383 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