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Madras High CourtCRL OP(MD)/10393/2025allowed

Murugavel v. The State Of Tamil Nadu

2025-07-09Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.T.Murugavel 2.Jothimani ... Petitioners/A2 & A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Jaihindpuram Police Station, (Crime No.640 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Mahendrapathy, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.640 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A2 & A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 125 and 351(2) of BNS, 2023 r/w. Section 4 of TNPHW Act in Crime No.640 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 09.06.2025, at about 4.00 p.m., while the de-facto complainant, after worshipping at the temple in Tirupparankundram, went to her friend's home to distribute prashadam, the 1st accused came on a twowheeler and hit her waist with the handlebar of his vehicle. He then abused her using filthy language. Subsequently, the 2nd and 3rd accused also arrived at the spot and abused her using filthy language. The 1st accused also attempted to assault her by striking her face and threatened her with dire consequences. 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 2/6

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 three accused persons in this case and the petitioners have been arrayed as A2 and A3. A1 was arrested and subsequently released on bail on 16.06.2025 by the learned Judicial Magistrate No.IV, Madurai in Cr.M.P.No.4036 of 2025. He further submitted that the injured was treated only as an outpatient. 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 co-accused was arrested and subsequently released on bail, and that the injured was treated only as outpatient, 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.IV, Madurai 3/6

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 Judicial Magistrate No.IV, Madurai 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.IV, Madurai. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.IV, Madurai;

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

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

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(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/- 09.07.2025 // True Copy // / /2025 Sub Assistant Registrar(CS) Madurai Bench of Madras High Court mkn TO 1.The Judicial Magistrate No.IV, 5/6

2.Do Through The Chief Judicial Magistrate, 3.The Inspector of Police, Jaihindpuram Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2cc to M/S.S.MAHENDRAPATHI SR-7397 Defendant 11.07.2025

ORDER

IN CRL OP(MD) No.10393 of 2025 Date : 09/07/2025 JJ/24.07.2025 6P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6