Mookuran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18083 of 2025

1. Mookuran

2. Bharathi ... Petitioners/A-1 & 2

Versus

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

(Crime No.91 of 2025) ... Respondent/Complainant For Petitioners : Mr.G.Vishnuram For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.91 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 offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023, in Crime No.91 of 2025, seek anticipatory bail.

2. The case of the prosecution is that due to a wordy quarrel between the petitioners and the defacto complainant, the petitioners abused the defacto complainant, assaulted her with a weapons and threatened her with dire consequences. 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. He further submits that 2nd 2/6

petitioner had already been granted anticipatory bail by this Court dated 24.10.2025. Hence, he prays for grant of anticipatory bail to the 1st petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the injured person has been discharged from the hospital.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that this Court had already granted anticipatory bail to the 2nd petitioner on 24.10.2025. Further, now, the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the 1st petitioner.

6. Accordingly, the 1st petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Kamuthi, Ramanathapuram District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten 3/6

Thousand only) 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:

(a) the 1st petitioner 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 1st petitioner shall report before the respondent police daily at 10.30 a.m until further orders. (c) the 1st petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the 1st petitioner 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 1st petitioner in accordance with law as if the conditions have been imposed and the 1st 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. 4/6

State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 30.10.2025 msrm To

1. The Judicial Magistrate, Kamuthi, Ramanathapuram District.

2. The Inspector of Police, Peraiyur Police Station, Ramanathapuram District.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.18083 of 2025 Date : 30.10.2025 6/6