Gurusamy v. The State Of Tamilnadu Through Rep. By Its The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Gurusamy, S/o.Alagarasamy.

2.Sudha, W/o.Radhakrishnan.

3.Thiriveni, W/o.Muthuraja 4.Radhakrishnan, S/o.Muthusamy.

: Petitioners/A1 to A4 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Alangulam Police Station, Virudhunagar District.

(Crime No.91 of 2025) : Respondent/Complainant For Petitioners : Mr.A.Balaji, 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.91 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the 1/5

respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS and Section 4 of TNPHW Act, in Crime No.91 of 2025 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 12.07.2025, the defacto complainant arranged puberty function at his residence and in that function he was used loud speakers. When the same was questioned by the petitioners, there arose some wordy quarrel between the petitioners and the defacto complainant, due to which, the petitioners abused the defacto complainant in filthy language and also attacked him. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the case in counter in Crime No.90 of 2025 is pending.

4.The learned Government Advocate (Criminal Side) submits that there was a wordy quarrel between the petitioners and the defacto complainant, due to which the petitioners abused the defacto complainant and attacked him. He would further submit that the counter case in Crime No.90 of 2025 is pending and the injured was discharged from the hospital.

5.Considering the facts and circumstances of the case, and taking into account 2/5

of the fact that the injured was discharged from the hospital and the case in counter case is registered in Crime No.90 of 2025 against the defacto complainant, 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 learned (*)Judicial Magistrate No.II, Sattur, 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 learned (*)Judicial Magistrate No.II, Sattur, 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 No.II, Sattur,. In the event of any change in his residential address, the petitioners shall report the same to the learned (*)Judicial Magistrate No.II, Sattur;

(c)the petitioners shall report before the respondent police daily at 10.30 a.m., 3/5

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 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/- 21/07/2025 (*)AMENDED AS PER THE ORDER OF THIS HON'BLE COURT IN CRL MP(MD) No. 10529 of 2025 IN CRL OP(MD) No.12015 of 2025 DATED 11.08.2025.

(*)Time is extended by ten days from the date of receipt of a copy of this order.

/ TRUE COPY / 11/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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das TO (*)TO BE SUBSTITUTED WITH THE ORDER DATED 21.07.2025 ALREADY DESPATCHED.

1.The Judicial Magistrate, Alangulam.

2.Do Through The Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, Alangulam Police Station, Virudhunagar District.

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

+1 CC to M/s.A.BALAJI, Advocate ( SR-7869[I] dated 22/07/2025 ) copy to The Judicial Magistrate No.II, Sattur.

ORDER IN CRL OP(MD) No.12015 of 2025 Date :21/07/2025 NBF/11.08.2025 5P/7C SBN/04.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5