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Madras High CourtCRL OP(MD)/13463/2025allowed

V Periyasamy v. The State Of Tamil Nadu Rep.By

2025-08-13Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI V.Periyasamy, S/o.Vengadachalam ... Petitioner/A24 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Thuraiyur Police Station, Trichy District.

(Crime No.757 of 2025) ... Respondent/Complainant For Petitioner : Mr.G.Muthu Ganesa Pandian, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) 1/5

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.757 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A24, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 324(2), 351(3) and 49 of BNS, 2023 r/w. Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Crime No.757 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to a pathway dispute between the defacto complainant and the 8th accused, on 29.07.2025, at about 09.45 p.m., while the de-facto complainant was sitting in front of his father-in-law's house, along with his friends, the accused persons abused the de-facto complainant using filthy language and attacked him, thereby causing injuries. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner, who is one of the relatives of A8, is an innocent person and has not committed any offence as alleged by the prosecution, and that he has been falsely implicated in this case. He further submitted that A3, A4, A7 to A9, A11 to A13, A15, A19 and A21 were arrested and subsequently released on bail by the learned 2/5

Principal District Judge, Trichy on 12.08.2025 in Crl.M.P.No.3414 of 2025. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Criminal Side) submitted that there are totally 35 accused persons in this case and the petitioner has been arrayed as A24. A3, A4, A7 to A9, A11 to A13, A15, A19 and A21 were arrested and subsequently released on bail by the learned Principal District Judge, Trichy on 12.08.2025 in Crl.M.P.No.3414 of 2025. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, the nature of the offence, and taking note of the fact that some of the co-accused were arrested and subsequently released on bail, and that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thuraiyur, 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 3/5

respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Thuraiyur, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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, Thuraiyur. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Thuraiyur;

(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; (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 4/5

in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 13/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate Court, Thuraiyur.

2.The Inspector of Police, Thuraiyur Police Station, Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.K.MUTHU GANESA PANDIAN, Advocate ( SR-8800[I] dated 13/08/2025 )

ORDER

IN CRL OP(MD) No.13463 of 2025 Date :13/08/2025 NBF/SAR- /28/08/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5