Nagaraj @ Nagarajan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.10.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY 1.Nagaraj @ Nagarajan

2. Priya @ Solai Priya

3. Nageshwari

4. Nagajothi

5. Muthupandi ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By The Inspector of Police, Jayamangalam Police Station, Theni District.

(Crime No.308 of 2025) ... Respondent/Complainant For Petitioners : Mr.T.Antony Arulraj 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 Cr.No.308 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 326(c) and 132 of BNS 2023, in Crime No.308 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 19.09.2025 a drainage canal constructed by the Melamanagalam Panchayat Union was damaged, sealed and covered with soil by the petitioners. Furthermore, on 06.10.2025, the petitioners are said to have abused the Panchayat Union Secretary and staff and restrained them from carrying out their duties. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seek anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. side) submitted that there are no previous case pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also the fact that there is no previous case pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Periyakulam, on condition that each of the petitioner shall execute a separate 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Periyakulam, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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(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 1 and 5 shall report before the respondent police daily at 10.30 a.m., and 05.30 p.m., until further orders. The petitioners 2 to 4 shall report before the respondent police as and when required for interrogation. (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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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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(f) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 29.10.2025 msrm To 1.The learned Judicial Magistrate, Periyakulam.

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

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

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S.SRIMATHY, J.

msrm

ORDER

IN CRL OP(MD) No.18839 of 2025 Date : 29.10.2025 6/6