Jeya Suriya v. State Of Tamilnadu Rep By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Jeya Suriya, S/o.Karuppu 2.Ajay, S/o.Raja 3.Jothimani @ Manikandan, S/o.Pandi ... Petitioners/A3, A5 & A6 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Nagamalaipudukottai Police Station, Madurai District.
(Crime No.90 of 2024) ... Respondent/Complainant For Petitioners : Mr.T.Eashwar, 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.90 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/A3, A5 & A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147 and 148 of IPC r/w. Section 25(1A) of Arms Act, 1959 in Crime No.90 of 2024 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 13.03.2024 at about 10.00 p.m., an informer provided a photograph and information to the respondent police that on 25.02.2024 at about 10.00 p.m., some persons had assembled near Thevar Statue, Keelakuyilkudi, with an iron sword and cut a cake, thereby creating public nuisance. Hence, the present case was registered.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. He submitted that the petitioners had already been granted 2/6
anticipatory bail by this Court on 21.03.2024 in Crl.O.P.(MD)No.4496 of 2024. However, since the petitioners failed to produce sureties within the stipulated time, the anticipatory bail granted to them stood automatically dismissed. Subsequently, they filed extension of time petition before this Court in Crl.M.P.(MD)No.10656 of 2025, which was also dismissed on 12.08.2025. He further submitted that A1 and A2 were arrested and subsequently released on bail, and A4 has been granted anticipatory bail by this Court. He, however, submitted that 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 there are totally six accused persons in this case and the petitioners have been arrayed as A3, A5 & A6. A1 and A2 were arrested and subsequently released on bail, and A4 has been granted anticipatory bail by this Court. He further submitted that the entire investigation has been completed, and a charge sheet is yet to be filed. However, he opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that this Court had already granted 3/6
anticipatory bail to the petitioners, which was later dismissed only because they failed to produce sureties in time, and that the entire investigation has been completed and a charge sheet is yet to be filed, and that two of the co-accused were arrested and subsequently released on bail, and one of the co-accused has been granted anticipatory bail, this Court is of the view that custodial interrogation of the petitioners is not necessary at this stage. Hence, 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 of a copy of this order, before the learned Judicial Magistrate No.6, Madurai District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 No.6, Madurai 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 4/6
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 No.6, Madurai District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.6, Madurai District;
(c) the petitioners report before the respondent police daily twice i.e. at 10.00 a.m. and 05.00 p.m. until further orders;
(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 5/6
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/- 25/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
mkn TO 1 The Judicial Magistrate Court No.VI, Madurai .
2 The Inspector of Police, Nagamalaipudukottai Police Station, Madurai District.
3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.14064 of 2025 Date :25/08/2025 NM/03.09.2025/ 6P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6