Thennarasu v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P. VADAMALAI Thennarasu, S/o.Ramar, ..Petitioner/Accused No.1 Vs The State of TamilNadu rep.by The Inspector of Police, Narikudi Police Station, Virudhunagar District.

(Crime No.100 of 2025) ... Respondent/Complainant For Petitioner : M/s.P.T.Ramesh Raja 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.100 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 329(4), 191(2), 191(3), 296(b), 351(3) of BNS and Section 4 of TamilNadu Public Property (Prevention of Damage and loss Act, 1992) TNPPDL in Crime No.100 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are belonging to different communities. There was previous enmity between the parties, on 22.06.2025 at about 01.15 pm., when the defacto complainant was alone in her house, the petitioner along with other accused persons trespassed into the house through two wheelers and damaged the iron bureaus, two fridges, Aircooler, Dining table and chairs and also damaged the Scorpio Car and Indica Car, which were halted infront of the house and also abused her with filthy language and threatened her with dire consequences. Hence, the complaint. Hence, the case. 3.The learned counsel for the petitioner submits that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He further submits that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) would submit that there are totally 12 accused involved in this case. The petitioner herein arrayed as A1. Due to previous enmity, the petitioners along with other accused persons trespassed into the defacto complainant's house through two wheelers and damaged the household articles and also threatened the defacto complainant with dire consequences. He further submits that the co-accused/A5 was arrested and released on bail by the learned Principal District and Sessions Judge, Virudhunagar at Srivilliputhur in Cr.M.P.No.2397 of 2025. Accused No.8 was enlarged on anticipatory bail by this court in Crl.O.P.(MD).No.12798 of 2025 dated 31.07.2025. There is no previous case against this petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case, and taking into account of the fact that the occurrence was took place on 22.06.2025, by this time, most of the investigation might have been completed and the co-accused/A5 was released on bail by the learned Principal District and Sessions Judge, Virudhunagar at Srivilliputhur, Accused No.8 was enlarged on anticipatory bail by this Court in Crl.O.P.(MD).No.12798 of 2025 dated 31.07.2025, there is no previous case against this petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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6.Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Thiruchuli, 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 Judicial Magistrate Court, Thiruchuli, 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 deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.100 of 2025 and on such deposit being made, the learned Judicial Magistrate Court, Thiruchuli, shall accept the sureties furnished by the petitioner;

(c) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate Court, Thiruchuli. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate Court, Thiruchuli;

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(d) the petitioner shall stay at Madurai and report before the Tallakulam Police Station daily twice at 10.00 a.m., and 05.00 pm., until further orders; (e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioner shall not abscond either during investigation or trial; (g) 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; (h) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

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

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TO 1 The Judicial Magistrate, Thiruchuli.

2 Do Through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

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

4 The Inspector of Police, Tallakulam Police Station, Madurai.

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

+1 CC to M/s.P.T.RAMESH RAJA, Advocate ( SR-8714[I] dated 12/08/2025 )

ORDER

IN CRL OP(MD) No.13260 of 2025 Date :11/08/2025 AS/28.08.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6