Madhavan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.07.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Madhavan ... Petitioner/ Accused Vs The State of Tamil Nadu represented by The Inspector of Police, Mandala Manickam Police Station, (Crime No.20 of 2025) ... Respondent/ Complainant For Petitioner : Mr.C.Senthil Murugan, Advocate.

For Respondent : Mr.S.Prakash, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 B.N.S.S. 1/6

PRAYER :- For Anticipatory Bail in Crime No.20 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 27(1) Arms Act in Crime No.20 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 09.06.2025 at about 17.00 hours, the respondent police was in routine surveillance, at that time, the petitioner along with other accused persons had shown the sword and threatened the General Public. Further, the accused persons came in a two wheeler bearing Registration No.TN-67CY-7746 and TN-05-AY-6227 tried to fled away, but the respondent police caught the accused 1 and 2 and the sword was recovered from them. Hence, the case.

3. No doubt, the petitioner's earlier petition for anticipatory bail in Crl.O.P. (MD)No.9990 of 2025 was dismissed by this Court vide order dated 16.06.2025.

4. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner and that the 2/6

petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

5. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are totally 5 accused, the petitioner arrayed as A3, that the petitioner along with other accused had threatened the public by showing sword and that the property was recovered by the respondent police. He would further submit that the co-accused Muthuvinith @ Vinith was granted anticipatory bail by this Court in Crl.O.P.(MD)No.11265 of 2025 vide order dated 04.07.2025. However, he opposed to grant anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, and also considering the fact that the co-accused was granted anticipatory bail by this Court and also the facts that the property has already been recovered and that investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory 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, Kamuthi on 3/6

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 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, Kamuthi 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 contact number to the Judicial Magistrate, Kamuthi . In the event of any change in his residential address, the petitioner shall report the same to the Judicial Magistrate, Kamuthi; (c) the petitioner shall report before the Inspector of Police, Thiruchuli Police Station, Virudhunagar District daily at 10.30 a.m., until further orders and further the petitioner shall report before the respondent police as and when required for interrogation;

(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 4/6

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/- 10/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO

1. The Judicial Magistrate, Kamuthi.

2. Do through the Chief Judicial Magistrate,

3. The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

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4. The Inspector of Police, Mandala Manickam Police Station,

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

ORDER

IN CRL OP(MD) No.11594 of 2025 Date :10/07/2025 PS/SAR.30.07.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6