Perumal v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.16025 of 2025

1. Perumal

2. Pavithra

3. Vanaraj ... Petitioners/A-1 to 3

Versus

The State of Tamilnadu, Rep by the Inspector of Police, Chinnamanur Police Station, Theni District.

(Crime No.430 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Balaji 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 Cr.No.430 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), 329(3), 324(4), 115(2), 118(1) and 351(3), 194 of BNSS, Act, 2023, in Crime No.430 of 2025, seek anticipatory bail.

2. The case of the prosecution is that due to a wordy quarrel, the first petitioner attacked the defacto complainant with a wooden stick, while petitioners 2 and 3 attacked him with their hands, causing simple injuries. Hence, the case.

3. The learned counsel appearing for the petitioners submits 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 Government Advocate (Crl.Side) appearing for the respondent Police submits that there was no injury and that no previous case is pending against the petitioners.

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5. Taking into consideration of the fact that it is a case and counter case and also considering the fact that there was no injury, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Petition is allowed and the petitioners are 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, Uthamapalayam, Theni 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 report before the respondent police as and when required for interrogation. They have to 3/6

co-operate for the investigation;

(c) the petitioners shall not tamper with 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 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;

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

(S S Y J) 23.09.2025 jbr 4/6

To

1. The Judicial Magistrate, Uthamapalayam, Theni District.

2. The Inspector of Police, Chinnamanur Police Station, Theni 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.16025 of 2025 Date : 23.09.2025 6/6