Muthaiya v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.10.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY CRL OP(MD)No.18843 of 2025 Muthaiya ... Petitioner/ Accused Vs The State of Tamil Nadu Represented by The Inspector of Police, Kadamalaikundu Police Station, Theni District.

(Crime No.146 of 2025) ... Respondent For Petitioner : Mr.A.Navaskhan For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Sid) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act 2023.

PRAYER :-For Anticipatory Bail in Crime No.146 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 115(2), 118(1), 296(b), 191(2) and 191(3) of BNS 2023, in Crime No.146 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a previous motive, the petitioner along with other accused persons had abused the defacto complainant in filthy language and also assaulted him with sickle and caused injuries. Hence, the complaint.

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 co-accused had already been granted anticipatory bail by this Court in Crl.OP(MD).No. 16688 of 2025 dated 26.09.2025. 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. 2/6

4. The learned Government Advocate (Crl.Side) submitted that the injured person has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and coaccused had already been granted anticipatory bail by this Court. Hence, 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 arrest or on his appearance, 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 learned Judicial Magistrate, Aundipatti, within a period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar 3/6

card or bank pass book to ensure their identity; [b] the petitioner shall stay at Coimbatore and report before the Inspector of Police, B9 Saravanapatti Police Station, Coimbatore, daily at 10.30 a.m., for a period of four weeks and thereafter, appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioner 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 petitioner is 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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 29.10.2025 msrm To 1.The learned Judicial Magistrate, Aundipatti.

2.The Inspector of Police, Kadamalaikundu Police Station, Theni District.

3. The Inspector of Police, B9 Saravanapatti Police Station, Coimbatore.

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

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S.SRIMATHY,J msrm

ORDER

IN 29.10.2025 6/6