Balamurugan v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Balamurugan, S/o.Mariappan ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli City.
(Crime No.229 of 2025) ... Respondent/Complainant For Petitioner : Mr.N.Pragalathan, 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.229 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 25(1B)(b) and 27(1) of Arms Act r/w. Section 353(1)(b) of BNS, 2023 in Crime No.229 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 14.06.2025, at about 11.30 a.m., based on information that the petitioner, along with other accused persons, had uploaded a video showing a sword on the 2nd accused's Instagram account, the respondent police conducted a search. On the same day, at about 12.30 p.m., the respondent police arrested the 2nd and 3rd accused, while the petitioner/A1 fled away from the spot. Hence, the present case.
3. The learned counsel 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 falsely implicated in this case. He, however, submitted that the petitioner is ready to abide by any conditions to be imposed by this Court. 2/6
Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused persons in this case and the petitioner has been arrayed as A1. A2 and A3 were arrested and subsequently released on bail on 19.06.2025 by the learned Judicial Magistrate No.IV, Tirunelveli in Crl.M.P.Nos.2596 and 2617 of 2025 respectively. He further submitted that there are no previous cases registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, and taking into account of the fact that there is no previous case registered against the petitioner, and that the co-accused were arrested and subsequently released on bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
6. Accordingly, the 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 learned Judicial Magistrate No.IV, Tirunelveli, Tirunelveli District on condition that the petitioner shall execute a bond 3/6
for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 No.IV, Tirunelveli, Tirunelveli District and on further conditions 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.IV, Tirunelveli, Tirunelveli District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.IV, Tirunelveli, 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;
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(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 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/- 08.07.2025 // True Copy // / /2025 Sub Assistant Registrar(CS) Madurai Bench of Madras High Court mkn TO 1.The Judicial Magistrate No.IV, Tirunelveli, Tirunelveli District 2.Do Through The Chief Judicial Magistrate, Tirunelveli District 5/6
3.The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli City.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc M/S.N.PRAGALADHAN SR-7278(I) DATED 08.07.2025
ORDER
IN CRL OP(MD) No.11047 of 2025 Date : 08/07/2025 JJ/24.07.2025 6P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6