Kadarkarai Thangam v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Irukkangudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.06.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI 1.Kadarkarai Thangam 2.Karthikeyan ... Petitioners/Accused 1&4 Vs State of Tamil Nadu, rep. by The Sub Inspector of Police, Irrukkangudi Police Station, Virudhunagar District.

(Crime No.140 of 2025) ... Respondent/ Complainant For Petitioners : Mr.D.Muthupandi, Advocate.

For Respondent : Mr.S.Prakash, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.140 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 & 4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 115(2), 1/6

118(1) and 351(3) BNS, 2023 r/w Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Crime No.140 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and the defacto complainant are neighbours and there existed some dispute with regard to the disturbance caused by the petitioners' dogs to the defacto complainant's pig farm, due to which, the petitioners along with other accused had assaulted the defacto complainant and his family members and abused them in filthy language and also caused criminal intimidation. Hence, the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He would further submit that some of the accused were granted anticipatory bail by this Court and that 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) appearing for the 2/6

respondent would submit that FIR was registered against 7 named persons and 2 unnamed persons and it is a case and case in counter. Already the co-accused in this case and accused 1 and 3 in the counter case were granted anticipatory bail by this Court. The first petitioner is having three previous cases similar in nature. 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 some of the accused in the present case and also in the counter case were granted anticipatory bail by this Court, and taking note of the fact that investigation might have been completed by this time, 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 anticipatory 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 Court No.II, Sattur, Virudhunagar 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 Judicial Magistrate Court No.II, Sattur, Virudhunagar District and on further conditions that: 3/6

(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 Court No.II, Sattur, Virudhunagar District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate Court No.II, Sattur, Virudhunagar District; (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 4/6

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/- 27/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO

1. THE JUDICIAL MAGISTRATE NO.II, SATTUR, VIRUDHUNAGAR DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE SUB INSPECTOR OF POLICE, IRRUKKANGUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.D.MUTHU PANDI, Advocate ( SR-6932[I] dated 01/07/2025 )

ORDER

IN CRL OP(MD) No.10782 of 2025 Date :27/06/2025 PR/08.07 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6