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Madras High CourtCRL OP(MD)/12261/2025allowed

Karpagavelli v. The State Of Tamilnadu

2025-07-23Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1. Karpagavelli, W/o.Kanthan,

2. Muthaiah Pandi, S/o.Pandi .. Petitioners/Accused Nos.1 & 2 Vs The State of Tamil Nadu, Rep. by the Sub-Inspector of Police, Kariyapatti Police Station, Virudhunagar District.

(Crime No.164 of 2025) .. Respondent/Complainant For Petitioners : Mr.D.Muthupandi 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.164 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1) of BNS, 2023 r/w.4 of TNPHW Act, 2002 in Crime No.164 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the accused persons and the defactocomplainant had dispute relating to ancestral property. On 07.07.2025 at 19.00hrs the accused persons have approached the defacto-complainant to settle the property dispute, at that time, the accused persons have quarrelled with the defactocomplainant by using filthy language and attacked with hand and stick as against him and also harassed the defacto-complainant's grand daughter. Hence, the case.

3. The learned counsel for the petitioners would submit that due to previous property dispute, the defacto-complainant lodged a false complaint against the petitioners. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. 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.

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4. The learned Government Advocate (Criminal Side) would submit that these petitioners and others abused the defacto-complainant by using filthy language, attacked and threatened him with dire consequences. The defacto-complainant had sustained injury and he was admitted in hospital and later he was discharged from hospital. In this case, Accused No.3 was enlarged on bail by the learned District Munsif cum Judicial Magistrate, Kariyapatti. There is no previous case against these petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, injured person discharged from hospital, by this time most of the investigation might have been completed, Accused No.3 was enlarged on bail by the learned District Munsif cum Judicial Magistrate, Kariyapatti, there is no previous case against the petitioners, 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 the date of receipt of a copy of this order, before the District Munsif cum 3/6

Judicial Magistrate, Kariyapatti, Virudhunagar District on condition that the petitioners shall execute separate 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 District Munsif cum Judicial Magistrate, Kariyapatti, 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 learned District Munsif cum Judicial Magistrate, Kariyapatti, Virudhunagar District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, kariyapatti, Virudhunagar District;

(c) the petitioners shall report before the respondent police daily at 11.00 a.m., until further orders;

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(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/- 23/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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GVN TO 1.THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KARIYAPATTI, VIRUDHUNAGAR DISTRICT.

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

3.THE SUB-INSPECTOR OF POLICE, KARIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.D.MUTHU PANDI, Advocate ( SR-7945[I] dated 23/07/2025 )

ORDER

IN CRL OP(MD) No.12261 of 2025 Date :23/07/2025 PR/07.08.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6