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Madras High CourtCRL OP(MD)/10416/2025allowed

Poonguzhali v. State Of Tamilnadu Rep By Inspector Of Police, E.Pudur

2025-06-23Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1. Poonguzhali, D/o.Muthaiyan,

2. Kirthigadevi, D/o.Muthaiyan ..Petitioners/Accused Nos.1 & 2 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, E.Pudur Police Station, Trichy city.

(Crime No.147 of 2025) .. Respondent/Complainant For Petitioners : Mr.P.Sivachandran, 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.147 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 324(4) of BNS Act, 2023 and 67 of Information Technology Act, 2000 in Crime No.147 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto-complainant is a Councillor of the Corporation of Tirchirappalli. In his ward, one Muthaiah and his family members, prior to the upgradation of Corporation from Municipality were encroached the public road and giving troubles to construct road and drainage. The corporation purchased the said land and laying road for public by removing encroachments. On 29.03.2025, when the work was going on, the petitioners abused the contractor and other workers and damaged the drainage, when the defactocomplainant questioned the same, they abused with filthy language. Hence, the case.

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3. The learned counsel for the petitioners would submit that due to previous enmity regarding the defacto-complainant created concocted story and lodged a false complaint against these petitioners. The alleged date of occurrence is 29.03.2025, but the FIR registered only on 22.04.2025. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that on 29.03.2025, when the corporation contract workers are laying road by removing encroachments, at that time, the petitioners prevent the same and abused them with filthy language and take a video and post it in the social media. Other co-accused were filed anticipatory bail before the Principal district Judge, Trichy and the same was dismissed. There is no previous case pending against these petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also considering the fact that the date of occurrence is 29.03.2025 and the FIR was registered only on 3/6

22.04.2025, after lapse of 25 days the FIR was registered, by this time most of the investigation might have 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 Judicial Magistrate No.II, Trichy on condition that the petitioner shall execute separate 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 Judicial Magistrate No.II, Trichy 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 contact number to the learned Judicial Magistrate No.II, Trichy. In the event of any change in their 4/6

residential address, the petitioners shall report the same to the learned Judicial Magistrate No.II, Trichy ;

(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;

(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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 5/6

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 23/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1.The Judicial Magistrate No.II, Trichy

2. Do Through The Chief Judicial Magistrate, Trichy.

3.The Inspector of Police, E.Pudur Police Station, Trichy City.

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

+1 CC to M/s.P.SIVACHANDRAN, Advocate ( SR-6692[I] dated 24/06/2025 )

ORDER

IN CRL OP(MD) No.10416 of 2025 Date :23/06/2025 HPS/10.07.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6