Murugesan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.09.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.15656 of 2025

1. Murugesan

2. Eswaran

3. Annakili 4.Archana ... Petitioners Vs.

The State of Tamil Nadu Represented by The Inspector of Police, Tallakulam Police Station, Madurai City (Crime No.934 of 2025) ... Respondent For Petitioner : Mr.K.Rajeshwaran 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.934 of 2025 on the file of the respondent police.

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ORDER: The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 303(2), 351(2) of BNS and Section 4 of TNPHW Act in Crime No.934 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to wordy quarrel on 14.08.2018 the petitioners herein abused the defacto complainant and also threatened her with dire consequences in the room of the Social Welfare Officer when enquiry was going on. Hence the case.

3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner. 4.The learned Government Advocate(Crl.Side)appearing for the respondent would submit that on 14.08.2018 the petitioners herein abused the defacto complainant and also threatened her with dire consequences in the room of the Social Welfare Officer when enquiry was going on thereby he would oppose for grant of anticipatory bail.

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5.Considering the facts and circumstances of the case and also the fact that it is a case and case in counter, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their 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 learned Judicial Magistrate No.II, Madurai, 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 shall report before the respondent police daily at 10.30 am., for a period of one week and thereafter 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. 3/5

[e]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 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.

19.09.2025 aav To

1. The Judicial Magistrate No.II, Madurai 2.The Inspector of Police, Tallakulam Police Station, Madurai City 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J aav

ORDER

IN CRL OP(MD) No.15656 of 2025 Date : 19.09.2025 5/5