Ayyanar v. State Of Tamilnadu Rep By Inspector Of Police, Sivakasi East
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Ayyanar, S/o.Palpandi ... Petitioner/Accused No.7 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Sivakasi East Police Station, Virudhunagar District.
(Crime No.363 of 2025) ... Respondent/Complainant For Petitioner :
Mr.K.Dinesh, Advocate For Respondent :
Mr.S.Prakash Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.363 of 2025 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police 1/6
for the offences punishable under Sections 191(2), 296(b), 329(4) and 351(3) of BNS and 3 of TamilNadu Public Property (Prevention and Damage & Loss) Act, 1992 in Crime No.363 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant is running a cracker pipe shop under the name and style of 'Rajeshwari Tube Works', employing about 40 workers. It is alleged that on 09.05.2025 at about 4.30 p.m., the petitioner, along with other accused persons, came to the defacto complainant's shop and demanded money for consuming alcohol. When the defacto complainant refused, the petitioner and the other accused persons allegedly assaulted him and his employees. Accused Nos.1 to 3 are said to have damaged the defacto complainant's vehicle an Ertiga car bearing registration number TN-84-R-4755 using stones and sticks. Furthermore, all the accused allegedly threatened the defacto complainant, demanding money, and warned that if he failed to comply, they would return to his office and continue to harass him. Hence, the case.
3. The learned counsel for the petitioner would submit that this is the second anticipatory bail petition. The respondent police lodged a false complaint against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks 2/6
anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) would submit that in this case, there are totally seven accused, this petitioner was arrayed as A7. In this case, Accused Nos.1 and 5 were released on bail by way of order dated 20.06.2025 in Crl.M.P.No.2085 of 2025 on the file of Principal District and Sessions Judge, Virudhuangar at Srivilliputur. The Accused No.4 was released on bail by way of order dated 18.06.2025 in Crl.M.P.No.2044 of 2025 on the file of the Principal District and Sessions Judge, Virudhunagar at Srivilliputhur. The Accused No.6 was absconded. There is no previous case against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, already the co-accused were enlarged on bail by the Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur, there is no previous case against the petitioner, 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 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 No.2, Sivakasi 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 sum to the 3/6
satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate No.2, Sivakasi, 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 make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.363 of 2025, without prejudice to his defence before the trial Court; and on such deposit being made, the learned Judicial Magistrate No.2, Sivakasi shall accept the sureties furnished by the petitioner; (c) the petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.2, Sivakasi. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.2, Sivakasi;
(d) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(f) the petitioner shall not abscond either during investigation or trial; 4/6
(g) 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; (h) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
Sd/- 08/07/25 // True Copy // /2025 Sub Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.
gvn TO 1.The Judicial Magistrate No.2, Sivakasi.
2.Do through The Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.
3.The Inspector of Police, Sivakasi East 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.K.DINESH, Advocate ( SR-7357[I] dated 10/07/2025 ) ORDER IN CRL OP(MD) No.11347 of 2025 Dated : 08/07/2025 AVK/28.07.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6