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Madras High CourtCRL OP(MD)/19689/2025granted

G. Petchimuthu v. State Of Tamilnadu Rep By Inspector Of Police, Kulasekarapattinam

2025-11-10Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. G. Petchimuthu

2. P. Ajitha

3. Anitha

4. Ganesan ... Petitioners/Accused Vs State of Tamilnadu Rep by Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

In Crime No. 272 of 2025. ... Respondent/Complainant For Petitioners : Mr. V.Rajiv Rufus Advocate For Respondent : Mrs.M.Aasha Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No. 272 of 2025 on the file of the respondent Police.

ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 117(2) of BNS, 2023 and 4 of TNPWH Act in Crime No.272 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 02.11.2025, due to previous enmity, the petitioners herein are said to have attacked the defacto complainant and also abused him in filthy language. Hence, the complaint.

3. The learned Government Advocate (Crl. side) submits that there is one previous case pending against the 4th petitioner and the injured has been discharged from the hospital. He would further submit that the investigation of the case is pending.

4. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent police.

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

5.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, Thiruchendur, Thoothukudi District, 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; 3/6

[b] The petitioners 1 to 3 shall appear before the respondent, Police daily at 10.00 am for a period of two weeks and thereafter, as and when required for interrogation. Since the 4th petitioner is age old person, he shall appear before the respondent Police as and when required for interrogation;

[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].

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

(S S Y J) 10.11.2025 TRP TO

1. The Judicial Magistrate, Thiruchendur, Thoothukudi District

2. The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.19689 of 2025 Date : 10/11/2025 6/6