Murugan v. The State Of Tamilnadu, Represented By The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26-09-2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 16752 of 2025 1.Murugan 2.Manimurugan Petitioner(s) Vs The State of Tamilnadu, Represented by The Inspector of Police, Theppakulam Police Station, Madurai City.
(Crime No.611 of 2025) Respondent(s) For Petitioner(s): Mr.S.Poornachandran For Respondent(s): Mr.S.S.Manoj, Government Advocate (Crl.side) Prayer:C-38AB. For Anticipatory Bail in Crime No.611 of 2025 on the file of the Respondent Police.
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 189(2), 296(b), 132 and 351(2) of BNS, 2023, in Crime No.611 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the Corporation Commissioner, Madurai, has conducted inspection at Theppakulam, Madurai. At that point of time, the officials found that wastage was spotted near the shop and the officials had fined for not keeping the place clean. Hence, there was a wordy quarrel between the petitioners and other accused persons and the accused persons restrained the officials from exercising their duties. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the co-accused has already been granted anticipatory bail by this Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. side) submitted that the petitioners and other accused persons restrained the officials from exercising their duties. He further submitted that there are no previous cases pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case and also the fact that co-accused has already been granted anticipatory bail by this Court and there are no previous cases pending against the petitioners, 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 on their appearance, on condition that the petitioner 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.1, Madurai, within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.1, Madurai. In the event of any change in his residential address, the petitioners shall report the same to the learned Judicial Magistrate No.1, Madurai;
(c) the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation;
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioners 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 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.
26-09-2025 Tmg To 1.The Inspector of Police, Theppakulam Police Station, Madurai City.
2.Judicial Magistrate I Court, Madurai.
3.The Additional Public Prosecutor,
Madurai Bench Of Madras High Court, Madurai.