Murugesan v. State Of Tamilnadu Rep By Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.01.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Murugesan 2.Paulkani ... Petitioners/A1 and A2 Vs The State of Tamilnadu Rep., By, the Inspector of Police, eruvadi Police Station, Tirunelveli District (Crime No. 358 of 2025). ... Respondent/Complainant For Petitioner : Mr. S.R.Anbarasu., 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. 358 of 2025 on the file of the respondent police.
1/7
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, Act, and Section 4 of Tamilnadu Prohibition of Women Harassment Act in Crime No.358 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner attacked the defacto complainant and caused injuries to him. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that it is a case and counter case. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners. 2/7
4. The learned Government Advocate (Crl.Side) submitted that there is no previous case pending against the petitioners and the injured has been discharged from the hospital.
5. Considering the facts and circumstances of the case, the nature of the offence and the injured has been discharged from the hospital, 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 of receipt of a copy of this order, before the learned Judicial Magistrate Court, Nanguneri, Tirunelveli District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with 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 learned Judicial Magistrate Court, Nanguneri, Tirunelveli 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 petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate Court, Nanguneri, Tirunelveli District,. In the event of any change in their residential address, the petitioner shall report the same to the learned Judicial Magistrate Court, Nanguneri, Tirunelveli District;
(c) the petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders;
(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;
4/7
(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/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
(S S Y J) 05.01.2026 vsg 5/7
TO 1.The learned Judicial Magistrate Court, Nanguneri, Tirunelveli District. 2.The Inspector of Police, eruvadi Police Station, Tirunelveli District
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
6/7
S.SRIMATHY,J., vsg
ORDER
IN CRL OP(MD) No.23557 of 2025 Date : 05.01.2026 7/7