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Madras High CourtCRL OP(MD)/12262/2025allowed

Karuppusamy v. The State Of Tamil Nadu

2025-07-28Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Karuppusamy 2.Alagu Velusamy 3.Chandrakumar ... Petitioners/A1 to A3 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Palayanur Police Station, Sivagangai District.

(Crime No.69 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Krishnan, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.69 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 189(2), 329(3) and 303(2) of BNS, in Crime No.69 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the President of Piramanur kanmai Irrigation Association. The defacto complainant and the villages had nominated a person namely Veeramani as Security for the Piramanur kanmai to protect the kanmai from illegal fishing. The petitioners along with other accused illegally involved in fishing. Hence, the complaint. 3.The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and the petitioners have not committed any offence as alleged by the prosecution. He further submits that the defacto complainant along with his men involved in illegal auction of Piramanur kanmai for fishing activity against which, WP(MD) No.14103/2025 was filed and this Court passed an order, dated 09.05.2025, directed the authorities concerned not to let the Kanmai for illegal auction of fishing and use the Kanmai for agriculture activities. As a result, the 2/5

defacto complainant became enraged and attacked the petitioners along with other villagers. Consequently, the petitioners lodged a complaint, which was registered as Crime No.70 of 2025 and the same is also pending. He seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submits that there are totally five accused involved in this case. The petitioners herein arrayed as A1 to A3. He further submits that there was a dispute between the parties concerning fishing rights in the Kanmoi. Arising from this dispute, the petitioners along with other accused persons, attacked the defacto complainant and also pushed him into the pond. The first petitioner/A1 is having two previous cases and the third petitioner/A3 is having two previous cases. Counter case in Crime No.70 of 2025 is pending.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the counter case in Crime No.70 of 2025 is pending and taking note of the fact that the occurrence had taken place on 09.07.2025, by this time most of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioners, with 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, Thiruppuvanam, 3/5

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, Thiruppuvanam, 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 report before the respondent police daily at 10.30 a.m., until further orders;

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners 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 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; 4/5

(f) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 28/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The Judicial Magistrate,Thiruppuvanam.

2. Do through the Chief Judicial Magistrate, Sivagangai District.

3.The Inspector of Police, Palayanur Police Station, Sivagangai District.

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

ORDER

IN CRL OP(MD) No.12262 of 2025 Date :28/07/2025 PS/SAR.21.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5