Muthuselvan, v. State Of Tamilnadu Rep By Inspector Of Police, Radhapuram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2025 PRESENT THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI

1. Muthuselvan 2.Bevin Singh ... Petitioners/Accused Vs State of Tamilnadu Rep by Inspector of Police, Radhapuram Police Station, Tirunelveli District.

(Crime No.533/2025). ... Respondent/Complainant For Petitioner : Mr.R.Alagia Nambi Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.533/2025 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 75, 329(4) of BNS, 2023 in Crime No.533 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners trespassed into the defacto complainant's house with a bad intention. 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. He further submitted that the petitioners are ready 2/6

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) opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

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 District Munsif cum Judicial Magistrate Court, Radhapuram, on condition that each of 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 3/6

respondent police or the police officer who intends to arrest or to the satisfaction of the District Munsif cum Judicial Magistrate Court, Radhapuram, 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 shall report before the respondent police daily at 10.30 a.m., for a period of three months and 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, 4/6

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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

(L V G J) 02.12.2025 APD TO

1. The District Munsif cum Judicial Magistrate Court, Radhapuram.

2. The Inspector of Police, Radhapuram Police Station, Tirunelveli District.

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

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L. VICTORIA GOWRI,J APD

ORDER

IN CRL OP(MD) No.22074 of 2025 Date : 02/12/2025 6/6