Esakki Muthu v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/10/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Esakki Muthu, S/o.Mani ... Petitioner/A1 Vs The State of Tamil Nadu Rep. by the Inspector of Police, Suthamalli Police Station, Tirunelveli District.
(Crime No.243 of 2023) ... Respondent/Complainant For Petitioner : Mr.Sathyachidambaram, Advocate For Respondent : Mr.S.S.Manoj Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.243 of 2023 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 427, 448, and 506(ii) of IPC, in Crime No.243 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and other accused persons entered into the defacto complainant's house and damaged household articles. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as alleged by the prosecution, and he has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that this is the second anticipatory bail petition. In the first petition, this 2/6
Court granted anticipatory bail, but the petitioner do not produce sureties and sought extension of time and the same was dismissed. Hence, the petitioner filed this second petition. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also the fact that already this Court has granted anticipatory bail to the petitioner and this is the second petition, 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, 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 learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:
[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond 3/6
and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioner shall report before the respondent police as and when required;
[c] the petitioner shall not tamper with the 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 petitioner is 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 absconds, a fresh FIR can be registered under Section 269 of BNS.
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To 1.The Judicial Magistrate, Cheranmahadevi, Tirunelveli District.
2.The Inspector of Police, Suthamalli Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J PJL
ORDER
IN 29.10.2025 6/6