G.Muthurasu v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 14481 of 2025 1.G.Mutharasu 2.S.Stalin ..Petitioners/ Accused Rank not known Vs State Of Tamilnadu, Rep By The Inspector Of Police, Thiruvonam Police Station, Thanjavur District.
(Crime No.165 of 2025) Respondent(s) For Petitioner(s):
Mr.T.Seeni Syed Amma For Respondent(s):
Mr.A.S.Abul Kalaam Azad Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.165 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners/Accused Rank Not Known, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296, 74 and 351(2) of BNS, 2023, in Crime No.165 of 2025 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners threatened the defacto complainant in person and caused hindrance to her. Hence, a case was registered.
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 2/8
imposed by this Court. Hence, he seeks anticipatory bail.
4. The learned Government Advocate (Crl. side) submitted that the petitioners threatened the defacto complainant in person and caused hindrance to her. There are no previous cases registered against the petitioners. 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 there are no previous cases pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
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6. Accordingly, this petition is allowed and 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, Orathanadu, Thanjavur District, 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 the satisfaction of the learned District Munsif Cum Judicial Magistrate, Orathanadu, Thanjavur 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 4/8
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 his residential address and mobile number to the learned District Munsif Cum Judicial Magistrate, Orathanadu, Thanjavur District. In the event of any change in his residential address, the petitioners shall report the same to thelearned District Munsif Cum Judicial Magistrate, Orathanadu, Thanjavur District;
(c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
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(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;
(g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
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To 1.The learned District Munsif Cum Judicial Magistrate, Orathanadu, Thanjavur District.
2.The Inspector Of Police, Thiruvonam Police Station, Thanjavur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.14481 of 2025 Date : 03.09.2025 8/8