R.Shanmuga Ram v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.10.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD). No.11794 of 2025 R.Shanmuga Ram ... Petitioner/Accused Rank now known Vs The State of Tamil Nadu, Rep By The Inspector of Police, Keela Paralachi Police Station, Virudhunagar District.

(Crime No.43 of 2025) ... Respondent/Complainant For Petitioner : Mr.S.Saravanakumar For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) For Intervener : Mr.S.Vanchinathan PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.43 of 2025 on the file of the respondent police.

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ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 194 of BNSS altered into 108 of BNS, 2023 in Crime No.43 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant's husband borrowed money from the petitioner. Subsequently, the petitioner demanded repayment of the money and also assaulted him. Due to the petitioner's actions, the defacto complainant's husband consumed poison and died.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Crl. side) opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, this matter was referred to mediation. However, the parties could not reach any consensus during the mediation. Further, the allegation against the petitioner is that he demanded repayment of the loan which had already been given to the deceased. The contention of the petitioner is that the deceased had borrowed money from various persons, including the petitioner. The matter requires investigation.

6. By taking all these reasons, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. The interim anticipatory bail already granted by this Court is made absolute.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Aruppukkottai, on condition that the petitioner shall 3/6

execute a 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Aruppukkottai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 report before the respondent police daily at 10.30 a.m., until further orders. (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) 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 4/6

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;

f) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 14.10.2025 KSA To

1. The Judicial Magistrate Court, Aruppukkottai.

2. The Inspector of Police, Keela Paralachi Police Station, Virudhunagar District.

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

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S.SRIMATHY, J.

KSA

ORDER

IN CRL OP(MD) No.11794 of 2025 Date : 14.10.2025 6/6