Mamundi v. The State Of Tamilnadu, Rep. By, The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Mamundi ... Petitioner/Accused Vs State of Tamil Nadu rep by its The Inspector of Police, Karaikudi South Police Station, Sivagangai District.
In Crime No.273/2025 ... Respondent/Complainant For Petitioner : M/s. P.Aju Tagore 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.273 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner/accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 49, 191(2), 191(3), 126(2), 296(b) and 109 of BNS Act, in Crime No.273 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused persons, abused the defacto complainant in filthy language, attacked him using a sickle with an intention to murder him. Hence, the complaint.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the co-accused persons have already been released on bail. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the 2/6
respondent Police submits that injured has been discharged from the hospital and that no previous case is pending against the petitioner.
5. Taking into consideration of the fact that the co-accused have already been released on bail, the injured has been discharged from the hospital and also considering the fact that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Karaikudi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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:
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(a) the petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m until further orders. He has to co-operate for the investigation;
(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner 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;
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(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.
(S S Y J) 17.11.2025 jbr TO
1. The Judicial Magistrate Court, Karaikudi.
2. The Inspector of Police, Karaikudi South Police Station, Sivagangai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J jbr
ORDER
IN CRL OP(MD) No.20346 of 2025 Date : 17/11/2025 6/6