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Madras High CourtCRL OP(MD)/23988/2025granted

Thirumurugan v. The State Of Tamil Nadu

2026-01-02Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/01/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Thirumurugan,

2. Azhagu,

3. Chandru,

4. Kottaiammal, ... petitioners Vs.

The State of Tamil Nadu, Rep By,The Inspector of Police, Salaigiramam Police Station, Sivagangai District.

Cr.No.113/2025.

... Respondent Petition filed under Section 482 BNSS PRAYER :- For Anticipatory Bail in Cr.No.113 of 2025 on the file of the respondent police.

For petitioners : Mr.T Veerakumar, Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) 1/6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) and 303(2)(NH) BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No. 113 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons have abused the defacto complainant and his family members in filthy language and attacked them and caused injuries. 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 injured have been discharged from the hospital. Hence, he seeks anticipatory bail to the petitioners.

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4. The learned Government Advocate (Criminal Side) submitted that the injured persons have been discharged from the hospital and one of the petitioners has one previous case. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the injured persons have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6.Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, 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 Judicial Magistrate, Ilaiyankudi, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that: 3/6

[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 Aadhaar card or bank pass book to ensure their identity; [b] the petitioners 1 to 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; the fourth petitioner shall report before the respondent police as and when required for interrogation; [c]the petitioners shall not tamper with the 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, 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 are released on bail by the learned Magistrate/Trial Court himself as laid down by the 4/6

Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

02.01.2026 LS TO

1. The Judicial Magistrate, Ilaiyankudi.

2.The Inspector of Police, Salaigiramam Police Station, Sivagangai District.

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

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S.SRIMATHY,J LS

ORDER

IN CRL OP(MD) No.23988 of 2025 Date : 02/01/2026 6/6