Mutharasan v. State Of Tamilnadu Rep By Inspector Of Police, Chatrakudi

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.20812 of 2025

1. Mutharasan

2. Pradeep ... Petitioners/Accused

Versus

The State of Tamilnadu, Rep by the Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

(Crime No.132 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.Rajiv Gandhi 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.132 of 2025 on the file of the respondent police.

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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 191(2), 191(3), 126(2), 296(b), 132 of BNS, 2023 and Sections 3 and 5 of TNPPDL Act, in Crime No.132 of 2025, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the accused persons abused the defacto complainant in filthy language and assaulted him with a bricks and a wooden sticks. 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 co-accused has already been granted anticipatory bail. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the first petitioner has one previous case pending against him and the second petitioner has no previous case. 2/6

5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the co-accused has already been granted anticipatory bail, 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, Paramakudi, Ramanathapuram District, 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 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;

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(b) the petitioners shall make a non refundable deposit of Rs.2,000/- (Rupees Two Thousand only) each to the credit of the Headmaster, Masathiyar Cor. Higher Secondary School, Vaikkolkara Theru, Chinnakadai Veethi, South Gate, Madurai, Central Bank of India, South Gate Branch, Account No.P.T.A.FUND SB.1833321714, IFSC No.CBIN0281503, MICR Code: 625016004, without prejudice to his contentions and rights before the trial Court. On such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner.

(c) 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;

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

(f) 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 4/6

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;

(g) 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, Paramakudi, Ramanathapuram District.

2. The Inspector of Police, Chatrakudi Police Station, Ramanathapuram 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.20812 of 2025 Date : 20.11.2025 6/6