Thangaraj v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Thangaraj

2. Thanushkodi @ Ramakrishnan

3. Murugan ... Petitioners/Accused Vs State of Tamilnadu Rep by the Inspector of Police, Surandai Police Station, Tenkasi District.

(Crime No.493 of 2025) ... Respondent/Complainant For Petitioners : Mr.A.Arputharaj Advocate.

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.493 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 296(b), 115(2), 351(3),of BNS 2023 (294(b), 323, 506(ii) of IPC) and Section 3 of TNPPDL Act 1992 and Section 185 of Motor Vehicles Act, 1988, in Crime No.493 of 2025 on the file of the respondent police, seek anticipatory bail.

2. . The case of the prosecution is that the 1st petitioner drove his two-wheeler, and the other petitioners are the pillion riders. The 1st petitioner drove his two-wheeler rash and negligent manner and hit the auto of the defacto complainant and abused the defacto complainant in filthy language and attacked him due to which, he sustained injuries. 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. Hence, he prays for grant of anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl.Side) submitted that there are four previous cases pending against the 1st petitioner and no previous case pending against the petitioners 2 and 3. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners. 5.Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with other 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 Judicial Magistrate Court, Alangulam, Tenkasi District, on condition that each of the petitioner shall execute a separate 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 the police officer who intends to arrest or to the satisfaction of the Judicial Magistrate Court, Alangulam, Tenkasi District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: 3/7

(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 1st petitioner shall make a non refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) 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, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioners;

(c) the 1st petitioner shall stay at Tirunelveli and report before the Inspector of Police, Palayamkottai Police Station, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. The petitioners 2 and 3 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.

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(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 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;

(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 12.12.2025 msrm 5/7

To

1. The Judicial Magistrate Court, Alangulam, Tenkasi District.

2.The Inspector of Police, Surandai Police Station, Tenkasi District.

3. The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.

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

5. The Headmaster Masathiyar Cor. Higher Secondary School, Vaikkolkara Theru, Chinnakadai Veethi, South Gate, Madurai.

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S.SRIMATHY,J msrm

ORDER

IN CRL OP(MD) No.22828 of 2025 Date : 12.12.2025 7/7