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Madras High CourtCRL OP(MD)/13535/2025granted

Sreerangan v. The State Of Tamilnadu

2025-09-11Honourable Mrs Justice S.Srimathy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/09/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD).No.13535 of 2025 1.Sreerangan, S/o.Maruthamuthu,

2. Manikandan, s/o.Sreerangan

3. Pushpananthan, S/o.Maruthamuthu ..Petitioners/Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Ayyampettai Police Station, Thanjavur District.

(Crime No.420 of 2025) .. Respondent/Complainant For Petitioners : Mr.K.M.Karunakaran Advocate For Respondent : Mr.S.S.Manoj Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.420 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 296(b), 118(1), 133, 351(3) of BNS, 2023 r/w.4 of TamilNadu Prohibition of Harassment of Women Act, 2002 in Crime No.420 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and the defacto-complainant are neighbours, due to previous dispute between the defacto-complainant and the petitioners, the petitioners were abused with filthy language towards the defacto-complainant and also they were attacked the defacto-complainant and threatened him with dire consequences. Hence, the case.

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3. The learned counsel for the petitioners would submit that due to previous enmity, the defacto-complainant lodged a false complaint against these petitioners. 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 anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that these petitioners having previous enmity, due to which they abused and attacked the defacto-complainant. Due to which she sustained injury and admitted in hospital and later she was discharged from hospital. There are no previous case against these petitioners. However, he opposed to grant anticipatory bail to the petitioners.

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6. Considering the facts and circumstances of the case, and also considering the fact that injured person was discharged from hospital, there are no previous cases against these petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on anticipatory 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, Papanasam on condition that the petitioners 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 4/8

Magistrate, Papanasam 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, Papanasam. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Papanasam;

(c) the petitioners shall appear and sign before the respondent police daily at 10.30a.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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.s (S S Y J) 11.09.2025 gvn 7/8

S.SRIMARTHY,J gvn TO

1. The Judicial Magistrate, Papanasam

2. The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

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

ORDER

IN CRL OP(MD) No.13535 of 2025 Dated : 11/09/2025 8/8