Sundharam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Sundharam

2. Kathirvel

3. Gowsalya

4. Sundhanathiram ... Petitioners/Accused Vs The State of Tamilnadu Rep.by the Sub Inspector of Police, Koodakovil Police Station, Madurai District.

(Crime No.136 of 2025) ... Respondent/Complainant For Petitioners : Dr.R.Alagumani For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.136 of 2025 on the file of the respondent police 1/6

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences under Sections 191(2), 191(3), 329(4), 296(b), 115(2), 118(1), 351(3), 324(4) of BNS r/w 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.136 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had abused the defacto complainant in filthy language and attacked him, due to which, he sustained injureis. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that there is no previous case pending against the petitioners and the injured 2/6

person has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, subject to 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 each of the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thirumangalam, 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; 3/6

[b] the 2nd petitioner 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. The petitioners 1, 3 and 4 shall report before the respondent police 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.

[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 are 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.

(S S Y J) 06.11.2025 msrm 4/6

To 1.The learned Judicial Magistrate, Thirumangalam.

2.The Sub 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 06.11.2025 6/6