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Madras High CourtCRL OP(MD)/11411/2025allowed

Guruvan v. State Of Tamil Nadu, Rep By The Sub Inspector Of Police

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 CRL OP(MD).Nos.11411 & 11150 of 2025 1.Guruvan

2. Aathilakshmi .. Petitioners in Crl.OP(MD).No.11411 of 2025 Balamurugan ..Petitioner in Crl.OP(MD).No.11150 of 2025 Vs The State of Tamil Nadu, Rep by The Sub-Inspector of Police, Kodaikanal Police Station, Dindigul District.

(Crime No.211 of 2025) .. Respondent in both petitions For Petitioners : M/s.V.Sebastinal Preethi (in both petitions) Advocate For Respondent : Mr.S.Prakash (in both petitions) Government Advocate (Criminal Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.211 of 2025 on the file of the Respondent Police.

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COMMON ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS, in Crime No.211 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the son of the defacto complainant, as a result of which, on 22.06.2025 at about 06.00 p.m., the petitioners have abused the son of the defacto complainant in filthy language and assaulted him and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the 2/6

injured person has been discharged from the hospital and there is no previous case pending against the petitioners. He further submitted that the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and the investigation has been almost completed and there is no previous case pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

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 District Munsif cum Judicial Magistrate No.II, Kodaikanal, on condition that each of the petitioner shall execute a separate bond 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 District Munsif cum Judicial Magistrate No.II, Kodaikanal, and on further conditions that: 3/6

(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 District Munsif cum Judicial Magistrate No.II, Kodaikanal, In the event of any change in their residential address, the petitioners shall report the same to the District Munsif cum Judicial Magistrate No.II, Kodaikanal;

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

sd/- 08.07.2025 / TRUE COPY / / /2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To 1.The District Munsif cum Judicial Magistrate No.II, Kodaikanal.

2. Do Through: The Chief Judicial Magistrate, Kodaikanal.

3.The Sub-Inspector of Police, Kodaikanal Police Station, Dindigul District.

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

+1 CC to M/s.V.Sebastinal Preethi, Advocate (SR-7282[I] dated: 09/07/2025)

ORDER

IN CRL OP(MD) Nos.11411 & 11150 of 2025 Date : 08.07.2025 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