Kumar @Sangarakumar v. The State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI 1.Kumar @ Sangarakumar 2.Vinoth 3.Radha ... Petitioners/Accused No.1, 3 & 4 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Namana Samudram Police Station, Pudukkottai District.
(Crime No.66 of 2025) ... Respondent/Complainant For Petitioners : Mr.E.Balasubramanian Advocate.
For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Cr.No.66 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) & 351(3) of BNS 2023, in Crime No.66 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 lorry driver and 2 months ago, the defacto complainant's wife had a love affair with the 1st petitioner and thereafter, they eloped. Further, there was a problem arose between them, therefore, the defacto complainant took her wife and lived together for the sake of their Children. In the meanwhile, the 1st petitioner had harassed the wife of the defacto complainant and the same was informed to the wife of the 1st petitioner. Further, on 11.07.2025, at about 08.30 p.m., the petitioners entered the house of the defacto complainant and abused in filthy language and attacked them, 1st petitioner attacked the defacto complainant with a wooden long and others attacked with stick and their hands and causing injuries. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the 2/7
prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that the injured person has been discharged from the hospital and the investigation is almost completed. He further submitted that there is no previous case pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact that the specific overt act against the 1st petitioner, therefore, this Court is not inclined to grant anticipatory bail to the 1st petitioner. However, considering the fact that the injured person has been discharged from the hospital on 25.07.2025 and also considering the limited overt act against the petitioners 2 and 3 and the investigation has been almost completed, this Court is inclined to grant anticipatory bail to the petitioners 2 and 3, subject to certain conditions.
6. Accordingly, the petitioners 2 and 3 are ordered to be released on bail in the 3/7
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 Court, Thirumayam, Pudukkottai District, on condition that each of the petitioner shall execute a separate 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 Court, Thirumayam, Pudukkottai District, and on further conditions that:
(a) the petitioners 2 and 3 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 2 and 3 shall furnish their residential address and mobile number to the learned Judicial Magistrate Court, Thirumayam, Pudukkottai District. In the event of any change in their residential address, the petitioners 2 and 3 shall report the same to the learned Judicial Magistrate Court, Thirumayam, Pudukkottai District;
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(c) the petitioners 2 and 3 shall report before the respondent police daily at 10.30 a.m, until further orders; (d) the petitioners 2 and 3 shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners 2 and 3 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 2 and 3 in accordance with law as if the conditions have been imposed and the petitioners 2 and 3 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;
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(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
7. Accordingly, this Criminal Original Petition is allowed in respect of the petitioners 2 and 3. Further, this Criminal Original Petition is dismissed in respect of the 1st petitioner.
sd/- 29/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
msrm To 1.The learned Judicial Magistrate Court, Thirumayam, Pudukkottai District.
2.Do through The Chief Judicial Magistrate Pudukottai District.
3.The Inspector of Police, Namana Samudram Police Station, Pudukkottai District.
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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.E.BALASUBRAMANIAN, Advocate ( SR-8238[I] dated 31/07/2025 )
ORDER
IN CRL OP(MD) No.12547 of 2025 Date :29/07/2025 PR/22.08.2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7