Murali v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY
1. Murali
2. Ayyappan
3. Senthilkumar
4. Ramachandran
5. Rajesh ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
Cr.No.441/2025.
... Respondent/Complainant For Petitioners : Mr. P.Aju Tagore, Advocate.
For Respondent : Mrs.M.Aasha, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Cr.No.441 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 189(2), 140(1), 351(3) of BNS, 2023 in Crime No.441 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 25.10.2025 due to money dispute between A1 and victim, A1 came with petitioners herein to the victim's house and kidnapped him, in one white colour car. Hence, the complaint.
3. The learned Government Advocate (Crl. side) submits that A1 and A2 already arrested and released on bail by the Sessions Court. He further submitted that based on the confession of A1 and A2 petitioners here were arrayed as accused and hence, he strongly objected to grant anticipatory bail to the petitioner.
4. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the 2/6
respondent police.
5. Considering the fact that there was a money transaction between the victim and Accused Nos. 1 and 2, and that when the victim was called for an explanation, the wife of the victim misconstrued the situation and lodged a complaint stating that the accused persons had kidnapped him, and also taking into account the fact that the petitioners are alleged to be hooligans, and that they have been arrayed as accused only on the basis of the confession of the co-accused, 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, Thiruppuvanam, Sivagangai District, within a period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar card or bank pass book to ensure their identity; [b] the petitioners shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter, 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 4/6
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 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, Thiruppuvanam, Sivagangai District,
2. The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
S.SRIMATHY,J TRP 5/6
ORDER
IN CRL OP(MD) No.19771 of 2025 Date : 10/11/2025 6/6