Gunasekaran v. State Of Tamilnadu Rep By Inspector Of Police, A.Mukkulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Gunasekaran ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.

Crime No.96/2025. ... Respondent/Complainant For Petitioner : M/s.Keerthi Prasanna.M For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.96 of 2025 on the file of the respondent police 1/6

ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 125(a) of BNS, 2023 and Section 135(1)(a) of Electricity Act, 2003, in Crime No.96 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 29.11.2025 at about 8.00 p.m., while the defacto complainant and her husband were travelling on a two-wheeler from Arasagulam to Avarangulam Village, they came into contact with an electric wire illegally drawn in the petitioner's land, as a result of which they were electrocuted and admitted to the hospital. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that two persons sustained injuries and that the injured has been discharged from the hospital. Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. The allegation against the petitioner is that he committed electricity theft and that an electric wire found in his land electrocuted the defacto complainant while crossing. Considering the nature of the offence and since the petitioner has complied with the condition imposed in the interim anticipatory bail regularly, the interim anticipatory bail already granted is made absolute and this Court is inclined to grant anticipatory bail to the petitioner with certain conditions., 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 on which the order copy made ready, before the learned Judicial Magistrate, Thiruchuli, 3/6

Virudhunagar District, 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: (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 for a period of one week and thereafter, as and when required for interrogation; (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 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;

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

(S S Y J) 07.01.2026 jbr TO

1. The Judicial Magistrate, Thiruchuli, Virudhunagar District.

2. The Inspector of Police, A.Mukkulam Police Station, Virudhunagar 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.22262 of 2025 Date : 07/01/2026 6/6