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Madras High CourtCRL OP(MD)/17967/2025partly allowed

A Ramasamy v. The State Of Tamilnadu Rep. By

2025-10-17Honourable Mrs Justice S.Srimathy9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.17967 of 2025 1.A.Ramasamy 2.R.Periyasamy 3.A.Ramesh 4.A.Mayan 5.R.Alagumurugan 6.K.Alaguvel 7.M.Nagaraj 8.P.Siva 9.A.Mayan @ Nariyan 10.P.Ganesan 11.P.Alagarsamy ...Petitioner/A1 to A11 Vs The State of Tamilnadu Rep by, The Inspector of Police, Nagamalai Pudhukottai Police Station, Madurai District.

(Crime.No.290 of 2025) ... Respondent/Complainant For Petitioner: Mr.S.Ashok For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side) 1/9

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory bail in Crime No.290 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), 118(1), 351(3) of BNS, 2023, in Crime No.290 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 11.10.2025, at about 21.00 hours, the petitioners unlawfully assembled in front of the defacto complainant and abused him in filthy language and also assaulted him and one Mayan with sticks and wooden logs and thereby, they caused injuries all over their body. Hence, the complaint.

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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 petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. side) submitted that the injured persons have been discharged from the hospital. He further submitted that the petitioners 1, 4 and 9 were arrested by the respondent Police. However, he opposed to grant anticipatory bail to the petitioners.

5.Insofar as the petitioners 1, 4 and 9 are concerned, there were arrested by the respondent 3/9

Police. Accordingly, this petition is dismissed as infructuous in respect of the petitioners 1, 4 and 9.

6.Insofar as the petitioners 2, 3, 5 to 8, 10 and 11 are concerned, there are no previous cases pending against the petitioners and the injured persons have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners 2, 3, 5 to 8, 10 and 11 with certain conditions.

7. Accordingly, this petition is partly allowed and the petitioners 2, 3, 5 to 8, 10 and 11 are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.VI, Madurai, on condition that the petitioners 2, 3, 5 to 8, 10 and 11 4/9

shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with one surety each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate Court No.VI, Madurai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioners 2, 3, 5 to 8, 10 and 11 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 2, 3, 5 to 8, 10 and 11 shall furnish their residential address and mobile number to the learned Judicial Magistrate Court No.VI, Madurai.

In the event of any change in their residential address, the petitioners 3 and 4 shall report the same to the learned Judicial Magistrate Court No.VI, Madurai,;

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(c) the petitioners 2, 3, 5 to 8, 10 and 11 shall report before the Inspector of Police, Melur Police Station, Madurai, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required before the respondent Police for interrogation and cooperate with the investigation;

(d) the petitioners 2, 3, 5 to 8, 10 and 11 shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners 2, 3, 5 to 8, 10 and 11 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 petitioners 2, 3, 5 to 8, 10 and 11 in accordance with law as if the conditions have been imposed and the petitioners 2, 3, 5 to 8, 10 and 11 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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(g) if the accused/ the petitioners 2, 3, 5 to 8, 10 and 11 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

(S S Y J) 17.10.2025 vsg 7/9

To 1.The learned Judicial Magistrate No.VI, Madurai. 2.The Inspector of Police, Nagamalai Pudhukottai Police Station, Madurai District.

3.The Inspector of Police, Melur Police Station, Madurai District.

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

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S.SRIMATHY,J.

vsg

ORDER

IN CRL OP(MD) No.17967 of 2025 Date : 17.10.2025 9/9