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Madras High CourtCRL OP(MD)/13262/2025allowed

Baskaran v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

2025-08-11Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Baskaran, S/o.Karuppudaiyar, .. Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Kallakudi Police Station, Trichy District.

(Crime No.182 of 2025) .. Respondent/Complainant For Petitioner :Mr.A.Thiyagarajan Advocate For Respondent : Mr.S.Prakash Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.182 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police 1/6

for the offences punishable under Sections 296(b) and Section 4 of TNPHW Act in Crime No.182 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto-complainant is residing at Singapore and in her village she formed a trust in the name of her family deity and she is doing services by way of taking part in the temple construction and in the thirupani vizha etc. and she had formed a whatsapp group in the name of Boomi Balan Poorvakudigal and added the worshipers of the temple and while so she gave complaint against one Baskaran who is the Poosari of the said temple, regarding his misappropriation of temple jewels and funds and also against his associates Dhanapal and Vignesh. Thereafter, the said Baskaran was terminated by the department from the post of hereditary trustee and due to which when the said Baskaran declared the date for Kumbashegam and the same was objected by her husband and due to which on 26.05.2025 at about 2.00 A.M to 5.00 A.M, to her mobile number threatening calls came up and used filthy language against her and the same was also uploaded in the whatsapp group. Hence, the case.

3. The learned counsel for the petitioner would submit that there are totally five accused, this petitioner was arrayed as Accused No.1, the respondent police 2/6

lodged a false case against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the Accused Nos.4,5 were enlarged on anticipatory bail by this court in Crl.O.P.(MD). No.12560 of 2025 dated 29.07.2025, the Accused No.2 was enlarged on anticipatory bail by this court in Crl.O.P.(MD).No.12796 of 2025 dated 31.07.2025 and the Accused Nos.3 was enlarged on anticipatory bail by this court in Crl.OP.(MD). No.12817 of 2025 dated 04.08.2025. At the time of occurrence no one sustained injury. There is no previous case against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, there is no previous case against the petitioner, the Accused Nos.4,5 were enlarged on anticipatory bail by this court in Crl.O.P.(MD).No.12560 of 2025 dated 29.07.2025, the Accused No.2 was enlarged on anticipatory bail by this court in Crl.O.P.(MD).No.12796 of 2025 dated 31.07.2025 and the Accused Nos.3 was enlarged on anticipatory bail by this 3/6

court in Crl.OP.(MD).No.12817 of 2025 dated 04.08.2025, at the time of occurrence no one sustained injury, there is no previous case against this petitioner, 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 anticipatory 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, Lalgudi 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 Judicial Magistrate, Lalgudi, 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 contact number to the learned Judicial Magistrate, Lalgudi. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Lalgudi;

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

GVN TO 1 The Judicial Magistrate, Lalgudi 5/6

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

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

ORDER

IN CRL OP(MD) No.13262 of 2025 Date :11/08/2025 NM/28.08.2025/ 6P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6