Nagarajan v. State Of Tamilnadu Rep By Inspector Of Police, Thiruppuvanam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Nagarajan, S/o.Muthusamy 2.Kesavan, S/o.Vellaisamy 3.Jayaraj, S/o.Muthusamy 4.Nedi Kumar, S/o.Periyakaruppan 5.Murugan, S/o.Gurusamy ... Petitioners/A1 to A5 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

(Crime No.271 of 2025) ... Respondent/Complainant 1/6

For Petitioners :

Mr.R.Murugappan, 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.271 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b) and 118

(1) of BNS, 2023 in Crime No.271 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 08.06.2025, during the temple festival, the de-facto complainant, who is engaged in the micset business, announced the name of the former President of the Village Panchayat and invited him to the stage to be adorned with a shawl. As a result, on the following day, the petitioners approached the de-facto complainant, abused him in filthy language, and attacked him using deadly weapons. Hence, the case.

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3. The learned counsel for the petitioners submitted that it is a case, case in counter. The petitioners are innocent persons and a false case has been foisted against them. In fact, the de-facto complainant also attacked the petitioners, and a case has been lodged against him in Crime No.272 of 2025 on the file of the respondent police. He further 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 five accused persons in this case, and that due to the alleged incident, no one sustained any injuries. He further submitted that there are seven previous cases registered against the 1st petitioner/A1. 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 it is a case, case in counter, and that no one sustained any injuries in the incident, and that as the date of occurrence is 09.06.2025, 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 3/6

receipt of a copy of this order, before the learned Judicial Magistrate, Thiruppuvanam, Sivagangai District 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, Thiruppuvanam, Sivagangai 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, Thiruppuvanam, Sivagangai District.

In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Thiruppuvanam, Sivagangai District; (c) the petitioners shall report before the respondent police daily at 10.30 a.m.

(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 4/6

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

sd/- 24/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 THE JUDICIAL MAGISTRATE, THIRUPPUVANAM, 2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

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

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ORDER

IN CRL OP(MD) No.10490 of 2025 Date :24/06/2025 NM/08.07.2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6