Nagalingam v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P. VADAMALAI

1. Nagalingam, s/o.Navalingi @ Navalangi

2. Manivasagam @ Manivasagan, S/o.Palaniyandi,

3. Karthi @ Karthikeyan, S/o.Navalangi @ Navalingam

4. Gopi Kannan, S/o.Raju.

..Petitioners/Accused Nos.3 to6 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Valanadu Police Station, Trichy District.

(Crime No.230 of 2025) .. Respondent/Complainant For Petitioners : Mr.M.Pitchai Muthu Advocate For Respondent : Mr.S.Prakash Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.230 of 2025 on the file of the Respondent Police. 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 191(2), 126(2), 296(b), 115(2), 118(1) & 351

(3) of BNS in Crime No.230 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity with regard to temple festival on 22.07.2025, all the accused persons have made quarrel with the defacto-complainant and his companions and assaulted them, abused them with filthy language and threatened them with dire consequences. Hence the case.

3. The learned counsel for the petitioners would submit that the petitioners have not committed any offences as alleged by the prosecution. The petitioners have also lodged a complaint against the defacto-complainant in Cr.No.231 of 2025. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks 2/6

anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there was dispute between the two rival parties to conduct the temple festival in their locality. In which, on 22.07.2025, the petitioners scolded the defacto-complainant by using filthy language and threatened him with dire consequences and attacked them. The defacto-complainant sustained injury and admitted in hospital and he was treated as out patient. In this case, the Accused Nos.1,2,7 were already arrested and subsequently released on bail by the lenared Judicial Magistrate, Manapparai in Crl.MP.No.798/2025. There are no previous case against these petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also considering the fact that at the time of occurrence the defacto-complainant sustained simply injury and he was treated as out patient, a counter case in Cr.No.231 of 2025 also pending before the respondent police, Accused Nos.1,2,7 were already arrested and subsequently released on bail by the learned Judicial Magistrate, Manapparai in Crl.M.P.No.798/2025, there are no previous cases pending against these petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain 3/6

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, Manapparai on condition that the petitioner shall execute separate 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 arrest or to the satisfaction of the learned Judicial Magistrate Court, Manapparai 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 contact number to the learned Judicial Magistrate Court, Manapparai. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate Court, Manapparai;

(c) the petitioners shall report before the respondent police daily at 10.30 a.m., 4/6

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 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/- 11/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO 1 The Judicial Magistrate Court, Manapparai.

5/6

2 The Inspector of Police, Valanadu Police Station, Trichy District.

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

ORDER

IN CRL OP(MD) No.13145 of 2025 Date :11/08/2025 NM/08.09.2025/ 6P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6