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Madras High CourtCRL OP(MD)/20739/2025granted

Subramani v. The State Of Tamilnadu Rep.By

2025-11-20Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.20739 of 2025

1. Subramani

2. Sanmugam

3. Bakiam @ Baikyalakshmi

4. Perumal

5. Sanmugavalli

6. Kalpana

7. Boss ... Petitioners/Accused

Versus

The State of Tamilnadu, Rep by the Inspector of Police, Kannivadi Police Station, Dindigul District.

(Crime No.243 of 2025) ... Respondent/Complainant For Petitioners : Mr.AK.Azagar Sami For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.243 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 329(4), 191(2), 191(3), 296(b), 115(2), 118(1), 351(3), 303(2) of BNS, 2023, in Crime No.243 of 2025, seek anticipatory bail.

2. The case of the prosecution is that, due to previous enmity regarding land, the petitioners entered the house of the de facto complainant, attacked him and his family members, caused injuries, and snatched the gold ornament worn by his daughter. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the co-accused have already been arrested and released on bail. Hence, he 2/6

prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that due to previous enmity, the petitioners attacked the defacto complainant and his family members, caused injuries, and snatched the gold ornament worn by his daughter. He further submitted that the injured has been discharged from the hospital.

5. Taking into consideration of the fact that the co-accused have already been released on bail and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aathoor, 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 3/6

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:

(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 report before the respondent police daily at 10.30 a.m until further orders. They have to co-operate for the investigation;

(c) the petitioners shall not tamper with 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 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 4/6

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) 20.11.2025 jbr To

1. The Judicial Magistrate, Aathoor.

2. The Inspector of Police, Kannivadi Police Station, Dindigul District.

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

5/6

S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.20739 of 2025 Date : 20.11.2025 6/6