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Madras High Court/20016/2025granted

Muthuvairavan v. The State Of Tamilnadu Rep By Inspector Of Police,

2025-11-19Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/11/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD).No.20016 of 2025 1.Muthuvairavan 2.Balakrishnan ..Petitioners/Accused (Rank not known) Vs State of Tamil Nadu, Rep. by the Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

(Crime No.357 of 2025) (Amended vide Court order dated 19.11.2025 in Crl.M.P.NO.17706 of 2025 in Crl.O.P.(MD)No. 20016 of 2025) .. Respondent/Complainant For petitioners : Mr.D.R.Murugesan Advocate For Respondent : Mrs.M.Aasha Government Advocate(crl.side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.357 of 2025 on the file of the Respondent Police.

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 241, 305 and 351(3) of BNS, in Crime No.357 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners attempted to attack the defacto complainant due to a prior civil dispute over Sri Sambasivan Temple at Udayanadu Village and that they also broke the temple lock. Hence, the complaint.

3. The learned counsel for the petitioners would submitted that the petitioners are innocent persons and they have not committed any offence as alleged by 2/6

the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that due to previous enmity, the petitioners attempted to attack the defacto complainant and that they also broke the temple lock. Therefore, he opposed to grant anticipatory bail to the petitioners.

5. The petitioners claim to be trustees of the temple. There are three accused, and the petitioners are arrayed as A-1 and A-2. The allegation is that they broke the CCTV and the undiyal, but the real fact is there is a dispute in the trusteeship. Considering the above facts and also considering the nature of allegations, 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 anticipatory bail in the event of their 3/6

arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Peravurani, on condition that the petitioners shall execute separate 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 District Munsif cum Judicial Magistrate, Peravurani, 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 Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall appear and sign before the respondent police as and when required for investigation;

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(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;

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 19.11.2025 jbr TO 1.The learned District Munsif cum Judicial Magistrate, Peravurani 2.The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

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

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S.SRIMARTHY,J jbr

ORDER

IN CRL OP(MD) No.20016 of 2025 Dated : 19/11/2025 6/6