S Arumugam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18579 of 2025

1. S.Arumugam

2. A.Jeeva @ Jeevanandham

3. A.Tamil @ Tamilselvan

4. R.Bharathi @ Bharathirajan

5. P.Sureshkumar @ Naresh Kumar ... Petitioners/A-2 to 6

Versus

The State of Tamilnadu, Rep by the Inspector of Police, Sholavandan Police Station, Madurai District.

(Crime No.239 of 2025) ... Respondent/Complainant For Petitioners : Mr.A.Vadivel For Respondent : Mr.S.S.Manoj Government Advocate (Crl. side) 1/7

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.239 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 191(2), 296(b), 329(3), 115(2), 118(1) and 351(3) of BNS, in Crime No.239 of 2025, seek anticipatory bail.

2. The case of the prosecution is that, on 14.10.2025, A1 approached the defacto complainant's shop and demanded biryani on debt for Rs.2,000/-, which the defacto complainant refused. Therefore, on the next day, i.e., 15.10.2025, the first accused along with the petitioners entered the said shop and attacked the defacto complainant with a beer bottle on his head and with a stick, causing injuries. Hence, the complaint.

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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. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the injured has been discharged from the hospital. He further submitted that A-5 has five previous cases.

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vadipatti, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- 3/7

(Rupees Ten Thousand only) each 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 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 stay at Melur and report before the Inspector of Police, Melur Police Station, Madurai District, daily at 10.30 a.m until further orders. They have to co-operate for the investigation;

(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 petitioner in accordance with law as if the conditions have been imposed and the petitioners released on 4/7

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;

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

7. It is reported that the names of the petitioners have been wrongly mentioned in the FIR. Therefore, while furnishing sureties, the petitioners shall mention the names as stated in the FIR and as recorded in their Aadhaar cards before the concerned Judicial Magistrate. (S S Y J) 25.10.2025 jbr 5/7

To

1. The Judicial Magistrate, Vadipatti.

2. The Inspector of Police, Sholavandan Police Station, Madurai District.

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

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.18579 of 2025 Date : 25.10.2025 7/7