Madras High CourtCRL OP(MD)/10535/2025withdrawn dismissed

Suriya v. The State Of Tamilnadu

2025-06-25Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.06.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Suriya 2.Nagarajan ... Petitioner / Accused Rank not known Vs.

The State of Tamil Nadu, Rep. by the Inspector of Police, Nanguneri Police Station, Tirunelveli District.

(Crime No.284 of 2025) ... Respondent/complainant PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for Anticipatory Bail in Crime No.284 of 2025 on the file of the respondent police.

For Petitioners :

Mr.S.Mariappan Advocate For Respondent :

Mr.S.Prakash, Government Advocate (Criminal Side) 1/6

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 192, 296(b), 351 (2), 353(2) of BNS Act, 2023, in Crime No.284 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that during festival, the petitioners hold flag containing the photos of murder case accused namely Naveen and Murugan and they caused nuisance to the public. Further, the respondent police has questioned the same, the petitioners have prevented the police from discharging official duty. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the petitioners. He would further submit that he is not proceed with the matter in respect of the first petitioner and he has also made an endorsement to that effect. He would further submit that co-accused had already been released on bail. Hence, he seeks anticipatory bail to the second petitioner alone.

4. The learned Government Advocate (Criminal Side) would submit that there are totally ten accused persons in this case and Accused Nos.3 and 5 are arrested 2/6

and Accused Nos.1, 2 and 4 are released on bail. He would also submit that the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case and taking into consideration the nature of offence allegedly committed by the petitioners and also taking into consideration the first petitioner was arrested on 20.06.2025. Further considering the fact that the investigation is almost completed and there is no previous case against the second petitioner, this Court is inclined to grant anticipatory bail to the second petitioner alone, subject to certain conditions.

6. Accordingly, the second petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Nanguneri on condition that the second petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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 Court, Nanguneri and on further conditions that:

(a) the second petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their 3/6

Aadhar card or Bank pass Book to ensure their identity. (b) the second petitioner shall furnish their residential address and mobile number to the learned Judicial Magistrate Court, Nanguneri. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate Court, Nanguneri. (c) the second petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

(d) the second petitioner shall not tamper with evidence or witness either during investigation or trial.

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

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7. In the result, this Criminal Original Petition is dismissed as withdrawn against the first petitioner and and allowed criminal original petition in respect of the second petitioner.

sd/- 25/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SN TO 1 THE JUDICIAL MAGISTRATE COURT, NANGUNERI, TIRUNELVELI.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to MARIAPPAN.S Advocate SR.No.6755 (I) DT.25/06/2025 5/6

ORDER

IN CRL OP(MD) No.10535 of 2025 Date :25/06/2025 NM/08.07.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6