← Library
Madras High CourtCRL OP(MD)/12416/2025allowed

Velmurugan v. The State Of Tamil Nadu, Rep. By

2025-07-25Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Velmurugan, S/o.Viswanathan : Petitioner/A1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, K.K.Nagar Police Station, Trichy District.

(Crime No.498 of 2025) : Respondent/Complainant For Petitioner : Mr.V.Vishnu, 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.498 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 329(3), 296(b), 115 (2), 351(3) and 61(2) of BNS; Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act 1992, in Crime No.498 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 15.07.2025, A2, who is the supervisor of R.V. Construction, reportedly undertook digging work near the residence of one Ramamoorthy for the purpose of laying a drainage pipe. During the said activity, the said Ramamoorthy's boundary stone was allegedly damaged. Consequent to the incident, the defacto complainant's mother-in-law, who serves as the Ward Councilor, was informed. Subsequently, her son namely Anand, intervened and questioned the supervisor (A2) regarding the damage caused. Hence, there arose wordy quarrel between them. Due to which, on 17.07.2025, the accused persons went to the house of the said Anand and threatened him and his mother with dire consequences and also damaged the house hold articles. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is 2/6

innocent person and he has not committed any offence as alleged by the prosecution. The petitioner is the owner of the construction and he is not present in the scene of occurrence. Counter case in Crime No.501 of 2025 is also pending. He further submitted that the co-accused/A3 to A6 were already released on bail by the learned Principal District and Sessions Judge, Tiruchirappalli, in Cr.M.P.No.3007 of 2025, dated 24.07.2025. Hence, he seeks anticipatory bail. 4.The learned Government Advocate (Criminal Side) submitted that on 17.07.2025, the accused persons went to the house of the defacto complainant and threatened her family members with dire consequences and also damaged the house hold articles. He further submitted that no one was injured in this incident and the petitioner is not having any previous case. Counter case in Crime No.501 of 2025 is also pending. He also submitted that the co-accused/A3 to A6 were already released on bail. 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 incident and the petitioner is not having any previous case and also considering the fact that the co-accused/A3 to A6 were already released on bail by the learned Principal District and Sessions Judge, Tiruchirappalli, in Cr.M.P.No.3007 of 2025, dated 24.07.2025, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 3/6

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.II, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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.II, Trichy, 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 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.II, Trichy. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Trichy;

(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;

4/6

(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 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 / /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.II, Trichy.

2.The Inspector of Police, K.K.Nagar Police Station, Trichy District.

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

5/6

ORDER

IN CRL OP(MD) No.12416 of 2025 Date :25/07/2025 HPS/25.08.2025 6P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6