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Madras High CourtCRL OP(MD)/15460/2025granted

Kesavan v. The State Of Tamilnadu

2025-10-31Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.15460 of 2025

1. Kesavan

2. Udaiyappan

3. K.Murugesan

4. G.Muthukaruppan ... Petitioners/ Accused Rank Not Known

Versus

The State of Tamilnadu, Rep by the Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.270 of 2025) ... Respondent/Complainant For Petitioners : Mr.R.Balakrishnan For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl. Side) For Defacto Complainant : Mr.B.Arun 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.270 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 194 of BNS, 2023, in Crime No.270 of 2025, seek anticipatory bail.

2. The case of the prosecution is that due to money dispute between the deceased/defacto complainant's husband and the accused, her husband committed suicide. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the 2/6

respondent Police submits that no previous cases are pending against the petitioners and that the investigation is still in progress. Therefore, he opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case and since the petitioner has complied with the condition imposed in the interim anticipatory bail regularly, the interim anticipatory bail already granted is made absolute and this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Paramakudi, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that:

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(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 report before the respondent police daily at 10.30 a.m until further orders. They have to co-operate for the investigation;

(c) the petitioners shall not tamper with 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 petitioner 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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(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 31.10.2025 jbr To

1. The Judicial Magistrate, Paramakudi

2. The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

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

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.15460 of 2025 Date : 31.10.2025 6/6