Shanmugam Alais Shanmugasundaram v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.13741 of 2025 Shanmugam @ Shanmugasundaram ... Petitioner/ A-3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

(Crime No.322 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.K.Manikkam For Respondent : Mr.S.S.Manoj Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.322 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 329(4), 326(g) and 351(3) of BNS, in Crime No.322 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity during the temple festival, the petitioner along with other accused persons attacked the defacto complainant's house and damaged the window and portico area by pelting stone and throwing bear-bottles. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the 2/6

respondent Police submits that there are seven previous cases pending against the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the co-accused has already been granted bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Ramanathapuram, 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 Magistrate concerned 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 3/6

pass Book to ensure their identity;

(b) the petitioner shall stay at Virudhunagar and report before the Inspector of Police, Bazaar Police Station, Virudhunagar, daily at 10.30 a.m until further orders. He has to co-operate for the investigation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) 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 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;

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 17.09.2025 jbr 4/6

To

1. The Judicial Magistrate No.II, Ramanathapuram.

2. The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

3. The Inspector of Police, Bazaar Police Station, Virudhunagar.

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

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S.SRIMATHY,J.

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ORDER

IN CRL OP(MD) No.13741 of 2025 Date : 17.09.2025 6/6