M.Mugesh v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY M.Mugesh ..Petitioner/ Accused No.3 Vs State Of Tamilnadu, Rep By The Inspector Of Police, Eraniel Police Station, Kanyakumari District.

(Crime No.481 of 2025) Respondent(s) For Petitioner(s):

Mr.J.Jeevin 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.481 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent 1/6

police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, 2023, in Crime No.481 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 05.09.2025, at about 12.00 p.m., when the defacto complainant was driving his vehicle on the way to his home, the petitioner and other accused intercepted the vehicle and quarrelled with him. When the same was questioned by the defacto complainant, the petitioner and other accused attacked the defacto complainant and cause injuries. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner's marriage is scheduled to be held on 14.09.2025. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that the petitioner 2/6

is a history sheeter and he has eight previous cases of similar in nature. Hence, he opposed to grant anticipatory bail to the petitioner.

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 the petitioner's marriage is scheduled to be held on 14.09.2025, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Eraniel, Kanyakumari District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 Judicial Magistrate, Eraniel, Kanyakumari District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 3/6

card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Eraniel, Kanyakumari District. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Eraniel, Kanyakumari District; (c) the petitioner shall report before the respondent police daily Morning at 10.30 a.m., and Evening at 05.30 p.m., until further orders; (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court 4/6

in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 10/09/2025 / TRUE COPY / 10/09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

vsg TO 1 The Judicial Magistrate, Eraniel, Kanyakumari .

2 Do Through The Chief Judicial Magistrate, Kanyakumari District.

3 The the Inspector of Police, Eraniel Police Station, Kanyakumari District.

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

5/6

+1 CC to M/s.J.JEEVIN, Advocate ( SR-9887[I] dated 10/09/2025 )

ORDER

IN CRL OP(MD) No.14925 of 2025 Date :10/09/2025 NM/10.09.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6