Dhanush v. State Through Inspector Of Police, Vanniyampatti Vilakku Police Station, Virudhunagar Dt

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.07.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI 1.Dhanush 2.Suresh Alias Sureshkumar 3.Pandi ... Petitioners/ Accused Nos.

21, 23 & 24 Vs State of Tamil Nadu through The Inspector of Police, Vanniyampatti Vilakku Police Station, Virudhunagar District.

(Crime No.138 of 2025) ... Respondent/ Complainant For Petitioners : Mr.P.Pounraj, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 B.N.S.S. PRAYER :- For Anticipatory Bail in Crime No.138 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/6

The petitioners/Accused Nos.21, 23 & 24, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 109(1), 118(1), 125, 191(2), 191(3), 296(b) and 351(3) BNS, 2023 and Section 4 of TNPHW Act in Crime No.138 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant belongs to the Thevar community, and the accused persons belong to the Devendrakula Velalar community. There was a prior enmity between them with regard to the bursting of crackers near the Thevar statue at Achamthavilthan. In continuation of that incident, on 10.06.2025, at about 09.30 p.m., the accused formed an unlawful assembly and proceeded through the street of the de-facto complainant. When the accused were requested to pass through the usual pathway, the accused attempted to murder the de-facto complainant and his associates by pelting stones at them, thereby causing injuries. Hence, a case has been registered.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He would further submit that the petitioners are no way connected with the case, a false case has been lodged as against the petitioners and that the petitioners are ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioners. 2/6

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are totally 24 accused, the petitioners arrayed as A21, A23 and A24, that the accused persons had pelted stones on the defacto complainant and caused injuries to him and that the injured was discharged from the hospital. He would further submit that the accused 1 to 13 and 16 to 19 were already arrested and released on bail by the Principal District and Sessions Court, Virudhunagar District at Srivilliputtur in Crl.M.P.Nos.2015 and 2039 of 2025 vide orders dated 17.06.2025 and 18.06.2025 respectively and the accused 14, 15, 20 and 22 were granted anticipatory bail by this Court in Crl.O.P.(MD) Nos.10284 of 2025 vide order dated 20.06.2025. He would further submit that the third petitioner is having 20 previous cases and the petitioners 1 and 2 are not having any previous cases. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also the facts that the injured was discharged from the hospital and that some of the accused were released on bail and the other remaining accused were granted anticipatory bail by this Court, 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 anticipatory bail in the event of their arrest or on their appearance, within a period of fifteen days from 3/6

the date of receipt of a copy of this order, before the Judicial Magistrate, Additional Mahila Court, Srivilliputhur, Virudhunagar District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 Judicial Magistrate, Additional Mahila Court, Srivilliputhur, Virudhunagar District 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 contact number to the Judicial Magistrate, Additional Mahila Court, Srivilliputhur, Virudhunagar District. In the event of any change in their residential address, the petitioners shall report the same to the Judicial Magistrate, Additional Mahila Court, Srivilliputhur, Virudhunagar District;

(c) the petitioners 1 and 2 shall report before the respondent police weekly once i.e., on every Monday at 10.30 a.m., until further orders, and the third petitioner 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 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/- 09/07/2025 / TRUE COPY / /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, ADDITIONAL MAHILA COURT, SRIVILLIPUTHUR, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, VANNIYAMPATTI VILAKKU 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.P.POUNRAJ, Advocate ( SR-7319[I] dated 09/07/2025 )

ORDER

IN CRL OP(MD) No.11575 of 2025 Date :09/07/2025 NBF/SAR- /29/07/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6