Meenatchi Sundaram @Meenatchi Sundram v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Meenatchi Sundaram @ Meenatchi Sundram 2.Kesavan 3.Santhosh @ Thikku Vayan : Petitioners/A2 to A4 Vs State of Tamil Nadu rep.by The Inspector of Police Rayappanpatti Police Station, Theni District.

Cr.No.168 of 2025.

: Respondent/Complainant For Petitioners : Mr.M.Ramesh, 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.168 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/A2 to A4, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 296(b), 118(1), 115(2), 324(4) and 351(3) of BNS, in Crime No.168 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 23.07.2025, at about 10:45 pm., while the defacto complainant and his brother were returning home after completing their work, the petitioners, along with other accused persons, began shouting loudly and using unparliamentary words. When the complainant and his brother questioned their behavior, there arose wordy quarrel between them. Consequent to the same, the petitioners, along with the other accused, abused the defacto complainant in filthy language and assaulted him. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The first accused in this case has been arrested and released on bail by the learned Judicial Magistrate, Uthamapalayam in Crl.M.P.No.838 of 2025, dated 30.07.2025. He further submitted that the first petitioner is working in Military and suffered severe injury in terrorist attack and he is under treatment. Hence, he seek anticipatory bail.

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4.The learned Government Advocate (Criminal Side) for the respondent police submitted that on 23.07.2025, at about 10:45 pm., while the defacto complainant and his brother were returning home after completing their work, the petitioners, along with other accused persons, began shouting loudly and using unparliamentary words. When the same was questioned by the defacto complainant, there arose wordy quarrel between them. Consequent to the same, the petitioners, along with the other accused, abused the defacto complainant in filthy language and assaulted him. He further submitted that the injured was discharged from the hospital.

5. Considering the facts and circumstances of the case and also the facts that the injured was discharged from the hospital and the occurrence had taken place on 23.07.2025, by this time, material part of the investigation might have been completed, 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 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, Uthamapalayam 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 3/5

arrest or to the satisfaction of the learned Judicial Magistrate, Uthamapalayam 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, Uthamapalayam. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Uthamapalayam;

(c) the first petitioner shall report before the respondent police as and when required for interrogation and the petitioners 2 and 3 shall report before the respondent police daily at 10.30 a.m., until further orders; (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 4/5

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/- 04/08/2025 / 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, Uthamapalayam.

2.The Inspector of Police, Rayappanpatti Police Station, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.12862 of 2025 Date :04/08/2025 NBF/SAR- /26+/08/2025/ 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5