M Elumalai v. The State Of Tamilnadu, Rep. By The Inspector Of Police, Devakottai Town Police Station ,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.11.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY M.Elumalai ... Petitioner/ Accused Rank not known Vs The State of Tamil Nadu Represented by The Inspector of Police, Devakottai Town Police Station, Sivagangai District.
[in Crime No.4 of 2025] ... Respondent/ Complainant For Petitioner : Mr.R.Gandhi Senior Counsel for Mr.V.Devakumar 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.4 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 105, 238 ( c), 239, 62 of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.4 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant's wife is said to have dead due to the injections given by the petitioner. Hence, the present case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that there are no previous cases pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner. 2/6
5. Considering the facts and circumstances of the case and also the fact that the petitioner has complied with the condition imposed by this Court dated 27.10.2025, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Devakottai on condition that the petitioner shall execute a 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 to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate Court, Devakottai, and on further conditions that:
(a) the 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 petitioner shall furnish his residential address and mobile number to the 3/6
learned Judicial Magistrate, Devakottai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Devakottai;
(c) The petitioner shall report before the respondent police daily at 10.30.a.m for a period of two days and thereafter, as and when required for the purpose of interrogation.
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioner 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 in accordance with law as if the conditions have been imposed and the 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. State of Kerala [(2005) AIR SCW 5560]; and;
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(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
(S S Y J) 10.11.2025 ebsi TO
1. The Inspector of Police, Devakottai Town Police Station, Sivagangai District.
2. The Judicial Magistrate Court, Devakottai.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J.
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