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Madras High Court/20871/2025granted

M.Muthuvel v. State Of Tamilnadu Rep By Inspector Of Police, Poovanthi

2025-11-25Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.20871 of 2025

1. M.Muthuvel

2. C.Murugan

3. K.Balamurugan

4. M.Backialakshmi

5. R.Alagesan @ Alageswaran

6. R.Pandiarajan

7. R.Parameswari

8. R.Dhanalakshmi ... Petitioners/A1 to A4, A8, A9, A11 & A12 Vs State of Tamilnadu Rep by, The Inspector of Police, Poovanthi Police Station, Sivagangai District.

(Crime No.169/2025). .. Respondent/Complainant For Petitioner : Ms.R.Sangeetha For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-38 AB. For Anticipatory Bail in Crime No. 169/2025 on the file of the respondent Police. 1/7

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 191(2), 191(3), 296(b), 115(2), 118(1), 324(4) and 351(3) of BNS, and Section 4 of the TNPHW Act, in Crime No.169 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 16.11.2025, at around 11.00 a.m, the alleged accused persons colluded together and attacked the defacto complainant with knife and caused injuries and damaged the property belongs to the defacto complainant and threatened the defacto complainant with dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged occurrence as stated by the prosecution. 2/7

He further submitted that it is a case and case in counter and the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seek anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. side) appearing for the respondent submitted that the petitioners have no previous cases and the injured has already been discharged from the hospital. It is a case and case in counter. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case, and the fact that it is a case and case in counter and the injured has already been discharged from the hospital, and since the petitioners have no previous case and also considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

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6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Thiruppuvanam, Sivagangai District, on condition that each of the petitioner shall execute a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) with one surety each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the Judicial Magistrate, Thiruppuvanam, Sivagangai District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 2,3,5&6 / A2, A3, A8 & A9 shall appear before the respondent police daily at 10.30 a.m, for one week and 4/7

thereafter as and when required for interrogation; the other petitioners/A1,A4 A11 & A12 shall report before the respondent police as and when required for interrogation;

(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 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;

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(f) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

25.11.2025 PJL TO

1. The Judicial Magistrate, Thiruppuvanam, Sivagangai District.

2. Do-Through The Chief Judicial Magistrate, Sivagangai District.

3. The Inspector of Police, Poovanthi Police Station, Sivagangai District.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.20871 of 2025 Date : 25/11/2025 7/7