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Madras High CourtCRL OP(MD)/12257/2025allowed

Manju @ Panju v. The State Of Tamil Nadu

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.Manju @ Panju, W/o.Karthi.

2.Karuppu @ Karuppasamy, S/o.Paulraj.

: Petitioners/A2 & A3 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Karimedu Police Station, Madurai City.

(Crime No.352 of 2025) : Respondent/Complainant For Petitioners : Mr.J.Peer Mohammed, Advocate.

For Respondent : Mr.S.Prakash, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.352 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioners/A2 & A3, who apprehend arrest at the hands of the respondent police for the offence punishable under sections 118(1), 191(2), 296(b) and 351(3) of BNS, in Crime No.352 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the first accused's son and the defacto complainant's son were studying at CEOA School in the year 2023. There was some motive between them. Hence, the defacto complainant transferred his son to SEV school. On 11.07.2025, the petitioners along with other accused went to the SEV school with knife for searching the defacto complainant's son and the same was informed to the defacto complainant by his son. In that regard, the defacto complainant contacted the first accused over phone, informed the above issue. The first accused with an intention to murder the defacto complainant and his son, called them to his house. When the defacto complainant and his son went to the first petitioner's house, the petitioners along with other accused persons abused them in filthy language and attacked with deadly weapons and caused injuries. Hence, the complaint.

3.The learned counsel appearing for the petitioners submitted that the 2/6

petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. He further submitted that the petitioners are ready and willing to abide any conditions that may be imposed by this Court. Hence, they seek anticipatory bail. 4.The learned Government Advocate (Crl. side) submitted that due to previous enmity between the parties, the petitioners along with other accused persons abused the defacto complainant and his son, attacked them and caused injuries. He further submitted that the injured were discharged from the hospital. The first accused was arrested and still in custody, A4 was arrested and released on bail and A5 is absconding. The petitioners A2 and A3 are not having any previous case and the investigation is in progress. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and taking note of the fact that the injured were discharged from the hospital and the petitioners are not having any previous case and the date occurrence on 14.07.2025, 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. 3/6

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.V, Madurai 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.V, Madurai 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.V, Madurai. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.V, Madurai;

(c) the petitioners shall report before the respondent police daily at 10.30 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 (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The Judicial Magistrate No.V, Madurai.

2.Do through the Chief Judicial Magistrate, Madurai.

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3.The Inspector of Police, Karimedu Police Station, Madurai City.

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

ORDER

IN CRL OP(MD) No.12257 of 2025 Date :23/07/2025 PS/SAR.19.08.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6