Muniraj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Muniraj, S/o.Guruvaiya : Petitioner/A2 Vs The State of Tamil Nadu, Rep. by the Sub-Inspector of Police, Mallanginar Police Station, Virudhunagar District.

: Respondent/Complainant For Petitioner : Mr.S.Sankarapandian, 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.106 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A2 who apprehends arrest at the hands of the respondent 1/6

police for the offences punishable under Sections 191(2), 296(b), 115(2), 118(1) and 351(3) of BNS, in Crime No.106 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there existed previous enmity due to a POCSO case registered against the second accused, arising from allegations of misbehaving with the defacto complainant's daughter. Consequent to the same, on 29.05.2025 at about 18.30 hours, when the defacto complainant and his relative came in a two wheeler near the Azhagar house of Valukkalotti, A1 kicked the two wheeler, due to which, the defacto complainant and his relative fell down from the vehicle, A2 had assaulted the defacto complainant by hands on his cheek, the other accused had assaulted with cricket bat and hands and thereby caused injuries to him and also threatened to kill him to withdraw the case against the petitioner. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person 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. Hence, he seeks anticipatory bail. 2/6

4.The learned Government Advocate (Criminal Side) submitted that there are totally eight accused persons involved in this case and the petitioner arrayed as A2. There existed previous enmity between the petitioner and the defacto complainant, the petitioner along with other accused persons attacked the defacto complainant and his relative and caused injuries. He further submitted that the injured has been discharged from the hospital and the petitioner is having six previous cases. Except the petitioner, other accused persons have already granted anticipatory bail by the trial Court in Cr.M.P.No.1849 of 2025, dated 09.06.2025. 5.

Considering the facts and circumstances of the case, and taking into account of the fact that the injured has been discharged from the hospital and the coaccused/A1, A3 to A8 have already granted anticipatory bail by the trial Court and taking note of the fact that the occurrence had taken place on 29.05.2025, by this time, material part of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 6.

receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Kariyapatti, 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 District Munsif cum Judicial Magistrate, Kariyapatti, 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 District Munsif cum Judicial Magistrate, Kariyapatti. In the event of any change in his residential address, the petitioner shall report the same to the learned District Munsif cum Judicial Magistrate, Kariyapatti; (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; 4/6

(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/- 05/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1.The District Munsif cum Judicial Magistrate, Kariyapatti.

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2.Do through The Chief Judicial Magistrate Virudhunagar District at Srivilliputhur.

3.The Inspector of Police, Mallanginar Police Station, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.12942 of 2025 Date :05/08/2025 PR/22.08.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6