Vinoth Vellaisamy v. The State Of Tamilnadu Represent By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.09.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 14038 of 2025 1.VinothVellaisamy 2.Vellaisamy 3.Mallika 4.Pakkiyam ..Petitioners/A1, 3, 4 & 5 Vs State Of Tamilnadu, Rep By The Sub Inspector Of Police, Arimalam Police Station, Pudukkottai District.

(Crime No.67 of 2025) Respondent(s) For Petitioner(s):

Mr.P.Ganapathi Subramanian For Respondent(s):

Mr.S.S.Manoj Government Advocate (Crl. Side) For Intervener : Mr.D.Ramesh Kumar PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/9

PRAYER :- For Anticipatory Bail in Crime No.67 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 351(3) and 303(2) of BNS, 2023, in Crime No.67 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to property dispute, the petitioners abused the surveyor and police in filthy language and created an unnecessary disturbance.

On 22.07.2025, at about 06.00 a.m., when the defacto complainant went to visit the property, the fencing was removed and the petitioners and other accused abused him in filthy language and also threatened him with dire consequences. Hence, a case was registered.

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3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. 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.

4.The learned counsel for the intervener vehemently opposed for granting anticipatory bail to the petitioners.

5. The learned Government Advocate (Crl. side) submitted that no one sustained any injury and there are no previous case pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

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6. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that no one sustained any injury and there are no previous case pending against the 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 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 District Munsif cum Judicial Magistrate Court, Thirumayam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to 4/9

the satisfaction of the learned District Munsif cum Judicial Magistrate Court, Thirumayam, 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 District Munsif cum Judicial Magistrate Court, Thirumayam. In the event of any change in his residential address, the petitioners shall report the same to the learned District Munsif cum Judicial Magistrate Court, Thirumayam;

(c)the petitioners shall make a non refundable deposit of Rs.5,000/- (Rupees Five 5/9

Thousand only) to the credit of the Headmaster, Panchayat Union Middle School, LKB Nagar, Sakkimangalam, Madurai in South Indian Bank Limited, Sakkimangalam Branch, Account No. 0733053000000794 IFSC No.SIBL0000733, MICR Code: 625059008, without prejudice to his contentions and rights before the trial Court, for purchasing 30 sets of Bench Desk for the Tribal students under "Namakku Naame" Scheme and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner; (d) the first petitioner shall stay at Madurai and report before the Inspector of Police, Tallakulam Police Station, Madurai City, daily at 10.30 a.m., for a period of four weeks and thereafter, report before the respondent Police daily at 10.30 a.m., until further orders and the petitioners 2 to 4 shall report before the respondent police daily at 10.30 a.m., for a 6/9

period of four weeks and thereafter, as and when required for interrogation;

(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f) the petitioners shall not abscond either during investigation or trial;

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

16.09.2025 2/2 vsg To 1.The learned District Munsif cum Judicial Magistrate Court, Thirumayam.

2.The Sub Inspector Of Police, Arimalam Police Station, Pudukkottai District.

3.The Inspector of Police, Tallakulam police Station, Madurai city.

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

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.14038 of 2025 Date : 16.09.2025 2/2 9/9