Balasubramanian v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.09.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.15354 of 2025 1.Balasubramanian 2.Shenbagaraj 3.Ramkumar 4.Amutha 5.Jeya 6.Subbaiah ... Petitioners Vs.

The Inspector of Police, Sivagiri Police Station, Tenkasi District.

(Crime No.389 of 2025) ... Respondent For Petitioners : Mr.T.Indrachithu For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Cr.No.389 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), 191(3) 296(b), 115(2), 1/5

118(1), of BNS and Section 4 of TNPHW Act in Crime No.389 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 01.09.2025, the petitioners and the defacto complainant were involved in the fight over previous enmity. Both parties abused each other using filthy language. Hence, a case has been registered as against the petitioners.

3.The learned Counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious in nature.

5.Since the 5th petitioner is not shown as an accused in the FIR, this Court is inclined to grant anticipatory bail to the 5th petitioner with certain conditions. Since the injured has been discharged, this Court is inclined to 2/5

grant anticipatory bail to the petitioners 1 to 4 and 6 also with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, Sivagiri, Tenkasi 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 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioners 1 to 4 and 6 shall report before the respondent police daily at 10.30 a.m., until further orders and the 5th petitioner shall report before the respondent police as and when required for interrogation. [c]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioners 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 3/5

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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

22.09.2025 TMG TO 1.Judicial Magistrate Court, Sivagiri, Tenkasi District.

2.The Inspector of Police, Sivagiri Police Station, Tenkasi District.

3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.15354 of 2025 Date : 22.09.2025 5/5