← Library
Madras High CourtCRL OP(MD)/18928/2025granted

M Suni v. The State Of Tamilnadu Rep.By

2025-10-30Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18928 of 2025

1. M. Suni

2. G.R.Jayakumar ... Petitioners/Accused Nos. 1 & 2

Versus

The State of Tamil Nadu, Rep by the Inspector of Police, Palugal Police Station, Kanniyakumari District.

(Crime No.0191 of 2025) ... Respondent/ Complainant For Petitioners : Mr.S.P.Vishnu Prasath 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.0191 of 2025 on the file of the respondent police.

1/6

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 329(3), 296(b), 118(1), 351(3) of BNS Act in Crime No.0191 of 2025, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant's younger son and the first petitioner's son were friends. On 10.10.2025 at about 3.30 p.m., the petitioners, along with the other accused persons, illegally trespassed into the defacto complainant's house, questioned the friendship between the defacto complainant's son and the first petitioner's son, and attacked him using a weapon. Hence, the complaint.

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 2/6

respondent Police submits that the injured has been discharged from the hospital.

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 No.I, Kuzhithurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(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: 3/6

(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 report before the respondent police daily at 10.30 a.m for a period of one week and thereafter, as and when required. 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 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;

4/6

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

(S S Y J) 30.10.2025 jbr To

1. The Judicial Magistrate No.I, Kuzhithurai.

2. The Inspector of Police, Palugal Police Station, Kanniyakumari.

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

5/6

S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.18928 of 2025 Date : 30.10.2025 6/6