Esakki Muthu v. The State Of Tamil Nadu, Represented By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Esakki Muthu, S/o.Murugasen :Petitioner/A1 Vs The State of Tamil Nadu, Rep. by the Sub-Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.
(Crime No.425 of 2025) :
Respondent/Complainant For Petitioner : Mr.A.Arun Ramnath, 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.425 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent 1/6
police for the offences punishable under Sections 296(b), 131, 351 of BNS and Section 4 of TNPHW Act, in Crime No.425 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 08.06.2025, there was dispute between the parties with regard to the parking of their vehicles and there arose wordy quarrel, due to which, the petitioner along with other accused went to the defacto complainant's home, abused him and his wife and threatened them with dire consequences. Hence, the complaint.
3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court.
4. The learned Government Advocate (Criminal Side) submits that on 08.06.2025, there was a wordy altercation between the parties, due to which, the petitioner along with other accused trespassed into the defacto complainant's home and abused him and his wife and also threatened them with dire consequences. He 2/6
further submitted that the petitioner is having five previous cases and no one was sustained injury in this case and the investigation is in progress.
5. Considering the facts and circumstances of the case and taking into account of the fact that no one was injured in this case and the occurrence had taken place on 08.06.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Tirunelveli District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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.III, Tirunelveli District, and on further conditions that:
(a) the petitioner 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 3/6
card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.III, Tirunelveli District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.III, Tirunelveli District; (c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme 4/6
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/- 25/07/2025 / 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.III, TIRUNELVELI DISTRICT.
2.THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3.THE SUB-INSPECTOR OF POLICE, TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.ARUN RAMNATH, Advocate ( SR-8049[I] dated 25/07/2025 ) 5/6
ORDER
IN CRL OP(MD) No.12349 of 2025 Date :25/07/2025 NM/18.08.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6