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Madras High CourtCRL OP(MD)/18155/2025granted

Tamilarasan v. The State Of Tamilnadu Rep.By

2025-10-17Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.10.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY 1.Tamilarasan

2. Mokkapandi

3. Pandiselvam

4. Munees @ Muneeswaran

5. Vallarasu

6. Veeramani ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By The Inspector of Police, Koodakovil Police Station, Madurai District.

(Crime No.105 of 2025) ... Respondent/Complainant For Petitioners : Mr.B.Rajesh, Advocate.

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.105 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences of Man missing @ 194(3) of BNSS 2023 altered under Sections 191(2), 190, 326(f), 105 of BNS, in Crime No.105 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons had chased the deceased in the night house, the deceased ran away from them in fear and fell into the Well, due to which he died and the accused persons have also set fire to the two wheeler of the deceased. 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 co-accused had already been granted bail by this Court in Crl.OP(MD).No.17917 of 2025 dated 16.10.2025. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seek anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. side) submitted that there are three previous cases pending against the 2nd petitioner and one previous case pending against the 3rd petitioner and two previous cases pending against the 4th petitioner. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case, 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, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Thirumangalam, Madurai District, on condition that each of the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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 3/6

Magistrate Court, Thirumangalam, Madurai District, 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 report before the respondent police daily at 10.30 a.m., and 05.30 p.m., until further orders.

(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 petitioners 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 4/6

Kerala [(2005) AIR SCW 5560] and;

(f) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 17.10.2025 msrm To 1.The learned Judicial Magistrate Court, Thirumangalam, Madurai Distict.

2.The Inspector of Police, Koodakovil Police Station, Madurai 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.18155 of 2025 Date : 17.10.2025 6/6