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Madras High CourtCRL OP(MD)/12028/2025allowed

Thirumurugan v. The State Of Tamil Nadu

2025-07-31Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Thirumurugan, S/o.Arumugam 2.Mahalingam, S/o.Rajendran ... Petitioners/A1 & A3 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Keeranur Police Station, Pudukkottai District.

(Crime No.171 of 2025) ... Respondent/Complainant For Petitioners : Mr.Anandakumar.N, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.171 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 & A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 115(2) and 351(3) of BNS, 2023 in Crime No.171 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant is running a tea stall, and there is a pathway dispute near the stall between the 1st petitioner and the de-facto complainant. On 11.07.2025, while the 1st petitioner was attempting to fence his land, the de-facto complainant prevented the workers from doing so. As a result, the petitioners and the other accused questioned him and allegedly attacked the defacto complainant by pouring hot milk on his body. Hence, the present case has been registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, and have not committed any offence as alleged by the prosecution. He further submitted that A2 and A4 were arrested and 2/6

subsequently released on bail by the learned Judicial Magistrate, Keeranur on 21.07.2025 in Cr.M.P.Nos.261 and 262 of 2025, respectively. 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 (Crl. side) submitted that there are totally four accused persons in this case and the petitioners have been arrayed as A1 and A3. A2 and A4 were arrested and subsequently released on bail by the learned Judicial Magistrate, Keeranur on 21.07.2025 in Cr.M.P.Nos.261 and 262 of 2025, respectively. He further submitted that there are no previous cases registered against the petitioners, and the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also taking note of the fact that the injured has been discharged from the hospital, and that there are no previous cases registered against the petitioners, and that the co-accused were arrested and subsequently released on bail, and that as the date of occurrence is 11.07.2025, by this time most of the investigation might have been completed, this court is inclined to grant anticipatory 3/6

bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Keeranur 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Keeranur failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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, Keeranur.

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(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 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/- 31/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 The Judicial Magistrate, Keeranur.

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2 The Chief Judicial Magistrate, Pudukottai District.

3 The Inspector of Police, Keeranur Police Station, Pudukkottai District.

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

+1 CC to M/s.N.ANANDAKUMAR, Advocate ( SR-8360[I] dated 04/08/2025 )

ORDER

IN CRL OP(MD) No.12028 of 2025 Date :31/07/2025 NM/22.08.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6