← Library
Madras High CourtCRL OP(MD)/11351/2025allowed

P Murugaraj v. State Of Tamilnadu Rep By Inspector Of Police, Alangulam

2025-07-08Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.P.Murugaraj, S/o.Poolpandi 2.P.Kaliraj, S/o.Poolpandi 3.V.Pitchapandi, S/o.Velsamy 4.C.Karthikeyan @ Karthik, S/o.Chellappa Thevar 5.M.Karthik, S/o.Muthupandi @ Pandi Devar ... Petitioners/A2 to A6 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Alangulam Police Station, (Crime No.394 of 2025) ... Respondent/Complainant 1/6

For Petitioners : Mr.I.Pinaygash, 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.394 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A2 to A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 109(1) & 351(3) of BNS, 2023 in Crime No.394 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a property dispute between the petitioners and the de-facto complainant. Further, the de-facto complainant had executed a sale agreement in favour of the petitioners, but the sale deed was not executed. Subsequently, the de-facto complainant's brother purchased the property through a Court attachment. Due to this, the petitioners, along with other accused, allegedly abused the de-facto complainant using filthy language and attacked him, thereby causing injuries. Hence, the present case. 2/6

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and are in no way connected with the alleged occurrence as stated by the prosecution. He, however, submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the petitioners have been arrayed as A2 to A6 in this case. A1 was arrested and subsequently released on bail by this Court on 07.07.2025 in Crl.O.P.(MD)No.11353 of 2025. He further submitted that no one sustained any injuries due to the incident. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also taking note of the fact that no one sustained any injuries, and that the co-accused was arrested and subsequently released on bail by this Court, and that as the date of registration of F.I.R. is 24.06.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

3/6

6. Accordingly, the petitioners are ordered to be released on 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 learned Judicial Magistrate, Alangulam, Tenkasi on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 learned Judicial Magistrate, Alangulam, Tenkasi and on further conditions that:

(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 mobile number to the learned Judicial Magistrate, Alangulam, Tenkasi. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Alangulam, Tenkasi;

(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 4/6

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 with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves 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/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 08/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate, Alangulam, Tenkasi.

2.Do Through The Chief Judicial Magistrate, 5/6

3.The Inspector of Police, Alangulam Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.I.PINAYGASH, Advocate ( SR-7289[I] dated 09/07/2025 )

ORDER

IN CRL OP(MD) No.11351 of 2025 Date :08/07/2025 SBN/22.07.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6