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Madras High CourtCRL OP(MD)/22425/2025granted

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

2025-12-08Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.22425 of 2025 1.Thirumurugan 2.Dhivagar @ Divagar 3.Muniyasamy 4.Mugeshkannan 5.Ramachandran 6.Jyothi Murugan 7.Srikanth 8.Prasath ... Petitioners /Accused Rank Not Known

Versus

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

(Crime No.133 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.Muthuvai Ilayaraja For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal Side) 1/7

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.133 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 191(2), 191(3), 126(2), 296(b) and 132 of BNS, 2023 (Corresponding Sections 147, 148, 341 and 294(b) of IPC) and Sections 3 and 5 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992, seek anticipatory bail.

2. The case of the prosecution is that the accused persons had assembled near the Chatrakudi Bus Stand and unlawfully obstructed the movement of all vehicles, including the government bus driven by the defacto complainant, for nearly 20 minutes. It is alleged that they shouted obscene and abusive language in a public place, demanding the arrest of persons allegedly involved in an incident concerning the assault on youngsters belonging to a particular community. The accused are further 2/7

said to have pelted stones and attacked several vehicles with bricks and wooden sticks, including the government bus, resulting in the breakage of window glasses and causing damage estimated at around Rs.25,000/-. Hence, the case.

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. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent Police submitted that there are no previous cases against the petitioners.

5. Taking into consideration of the facts and circumstances of the case, and also considering the antecedents against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Petition is allowed and the petitioners are 3/7

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;

(b) the petitioners shall deposit a sum of Rs.2,000/- (Rupees Two thousand only) each to the credit of Headmaster, Government Higher Secondary School, Odaipatty, Theni District, having account in State Bank of India, Uthamapalayam Branch, South Car Street, Account No.11268003539, Account Type:Regular Savings Bank Account, CIF No:81030919752, MICR Code:625002045; On such deposit being made, the learned Magistrate shall accept the sureties furnished by the petitioners; 4/7

(c) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required. 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 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) 08.12.2025 pal 5/7

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.

6/7

S.SRIMATHY,J.

pal

ORDER

IN CRL OP(MD) No.22425 of 2025 Date : 08.12.2025 7/7