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Madras High CourtCRL OP(MD)/13458/2025allowed

Kannan v. The State Of Tamil Nadu Rep. By

2025-08-21Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Kannan, S/o.Kanthan 2.Vijaya, W/o.Kanthan 3.Amirudeen @ Amirthin, S/o.Pitchaimuthu 4.Shanmugam, S/o.Maruthasalam ... Petitioners/A1 to A4 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Musiri Police Station, Trichy District.

(Crime No.413 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Ayyanar Prem Kumar, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.413 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 324

(4) of BNS, 2023 r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.413 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 02.08.2025, when the waste water of the de-facto complainant's house reached the petitioners' house, a quarrel ensued between the petitioners and the de-facto complainant. It is alleged that the petitioners abused the de-facto complainant and also assaulted her. Hence, the present case was registered.

3. The learned counsel appearing for the petitioners submitted that it is a case, case in counter. A counter case has also been registered against the de-facto 2/6

complainant in Crime No.414 of 2025 on the file of the respondent police. The petitioners are innocent persons and have not committed any offence as alleged by the prosecution. However, the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Crl. side) submitted that it is a case, case in counter. There are totally four accused persons in this case, and that there are no previous cases registered against the petitioners. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that this is a case, case in counter, and that there are no previous cases registered against the petitioners, and that the injured has already been discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt 3/6

of a copy of this order, before the learned Judicial Magistrate, Musiri, Trichy District, on condition that the petitioners shall execute a 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Musiri, Trichy District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 mobile number to the learned Judicial Magistrate, Musiri, Trichy District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Musiri, Trichy District;

(c) the petitioners report before the respondent police daily at 10.30 a.m. until further orders;

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(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 themselves 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/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 21/08/2025 / 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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mkn TO 1 The Judicial Magistrate Court, Musiri, Trichy .

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

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

+1 CC to M/s.S.AYYANAR PREM KUMAR, Advocate ( SR-9057[I] dated 21/08/2025 )

ORDER

IN CRL OP(MD) No.13458 of 2025 Date :21/08/2025 NM/03.09.2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6