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Madras High CourtCRL OP(MD)/19569/2025granted

Muthukumar v. The State Of Tamilnadu Rep By

2025-11-07Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/11/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Muthukumar, S/o.Dharmaraj 2.Vinayaga Senthil @ Vinayak, S/o.Narayanan Nadar ... Petitioners/A3 & A5 Vs The State of Tamil Nadu Rep. by the Inspector of Police, Alwar Thiru Nagiri Police Station, Thoothukudi District.

(Crime No.64 of 2025) ... Respondent/Complainant For Petitioners : Mr.M.S.Jeyakarthik, 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 Crime No.64 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners/A3 & A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 3(5), 296(b), 115(2), 118(1), 127(2) & 351(3) of BNS, 2023 in Crime No.64 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and other accused persons developed wordy quarrel with the defacto complainant during a temple festival and attacked the defacto complainant and his relatives using wooden log and iron rod. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and have not committed any offences as alleged by the prosecution, and they have been falsely implicated in this case. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

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4. The learned Government Advocate (Criminal Side) submitted that the petitioners have no previous cases. He further submitted that A1, A2 and A4 were already arrested and released on bail. The specific overtact against the first petitioner is that he attacked the defacto complainant using hands and as far as the second petitioner is concerned, he has used chair to attack the other persons and injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the injured has been discharged from the hospital and also considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, 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 learned Judicial Magistrate No.II, Srivaikundam, 3/6

within a period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar 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; [c] the petitioners shall not tamper with the 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 are released on bail by the learned Magistrate/Trial Court himself as laid down by the 4/6

Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; and [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

07.11.2025 PJL To 1.The Judicial Magistrate No.II, Srivaikundam.

2.The Inspector of Police, Alwar Thiru Nagiri Police Station, Thoothukudi District.

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

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S.SRIMATHY,J PJL

ORDER

IN 07.11.2025 6/6