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Madras High CourtCRL OP(MD)/11015/2025allowed

Suresh Alias Uikkattan Muthu v. State Of Tamilnadu Rep By Inspector Of Police, Manur

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Suresh Alias Uikkattan Muthu, S/o.Sokkalingam ... Petitioner/A2 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Manur Police Station, Tirunelveli District.

(Crime No.551 of 2025) ... Respondent/Complainant For Petitioner : Mr.Muthuram R, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.551 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 r/w. Section 4 of TNPHW Act r/w. Section 3 of TNPPDL Act in Crime No.551 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 08.06.2025, at about 10.00 p.m., while the de-facto complainant was walking with his friends, a wordy altercation arose between the 1st accused and the de-facto complainant. At that time, the petitioner, along with other accused, is said to have abused the de-facto complainant using filthy language. When the de-facto complainant's mother intervened to resolve the issue, the petitioner and the other accused allegedly abused her as well and assaulted both the de-facto complainant and his mother with their hands, thereby causing damage to the tiles of the de-facto complainant's house. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, and is in no way connected with the alleged occurrence as stated by the prosecution. He has been implicated in this case solely on the ground that he is a friend of the 1st accused. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. 2/6

Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submits that there are totally three accused persons in this case and the petitioner has been arrayed as A2. A1 has been detained under the Goondas Act, and A3 has been granted anticipatory bail. He submitted that there are no previous cases registered against the petitioner. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and taking note of the fact that one of the co-accused has been granted anticipatory bail, and that the injured has been discharged from the hospital, and that as the date of registration of FIR is 09.06.2025, by this time most of the investigation might have been completed, and that there are no previous cases registered against the petitioner, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.V, Tirunelveli District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like 3/6

sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.V, Tirunelveli District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the 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 Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.V, Tirunelveli District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.V, Tirunelveli District;

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

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

(e) the 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the 4/6

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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 07.07.2025 / TRUE COPY / / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate No.V, Tirunelveli District.

2. Do Through: The Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Manur Police Station, Tirunelveli District.

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

+1 CC to M/s.R.Muthuram, Advocate (SR-7229[I] dated: 08/07/2025) 5/6

ORDER

IN CRL OP(MD) No.11015 of 2025 Date : 07/07/2025 KM (24.07.2025)/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 6/6