Babu v. State Of Tamilnadu Rep By Inspector Of Police, Kallidaikurichi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Babu

2. Muthukrishnan

3. Kalimuthu

4. Arunkumar ... Petitioners/Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Kallidaikurichi Police Station, Kallidaikurichi, Tirunelveli District.

(Crime No.329 of 2025) ... Respondent/Complainant For Petitioners : Mr.N.Pragalathan 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 Crime No.329 of 2025 on the file of the Respondent Police.

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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), 127(2), 118(1), 115(2), 351(3), 49 of BNS, in Crime No.329 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a previous enmity between the petitioners and the defacto complainant, as a result of which, the petitioners along with other accused persons had attacked the defacto complainant with hands and legs and caused injuries. 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. 2/6

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the 1st petitioner having 3 previous cases, 2nd petitioner having 17 previous cases, 3rd petitioner having 14 previous cases and 4th petitioner having 5 previous cases. He further submitted that the injured person has been discharged from the hospital. Hence, he vehemently opposed to grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that there are several cases pending against the petitioners 2 and 3. Therefore, this Criminal Original Petition is dismissed in respect of the petitioners 2 and 3. Further, the injured person has been discharged from the hospital and considering the age of the petitioners 1 and 4, this Court is inclined to grant anticipatory bail to the petitioners 1 and 4, subject to certain conditions.

6.Accordingly, the petitioners 1 and 4 are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners 1 and 4 shall execute a separate bond for a sum of Rs.10,000/- 3/6

(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court, Ambasamudram, Tirunelveli District, 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 1 and 4 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; [b] the petitioners 1 and 4 shall report before the respondent police daily at 10.30 a.m., until further orders. [c]the petitioners 1 and 4 shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners 1 and 4 shall not abscond either during investigation or trial.

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[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 1 and 4 in accordance with law as if the conditions have been imposed and the petitioners 1 and 4 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) 25.10.2025 msrm To 1.The Judicial Magistrate Court, Ambasamudram, Tirunelveli District.

2.The Inspector of Police, Kallidaikurichi Police Station, Kallidaikurichi, Tirunelveli District.

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

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S.SRIMATHY,J msrm

ORDER

IN 25.10.2025 6/6