Muthukannan v. The State of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1.Muthukannan, S/o.Balakrishnan

2.Chinnaraja, S/o.Ganesan

... Petitioners/A2 & A3

Vs The State of Tamil Nadu, Rep. by, the Sub-Inspector of Police, Mallanginar Police Station, Virudhunagar District. (Crime No.140 of 2025)

... Respondent/Complainant

For Petitioners : Mr.S.Kishore Kumar,

Advocate For Respondent : Mr.S.Prakash,

Government Advocate

(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.140 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A2 & A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 118(1) and 351(3) of BNS, 2023 in Crime No.140 of 2025 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that on 07.07.2025, at about 10.45 p.m., during the temple festival, a verbal altercation arose between the de-facto complainant and the accused persons. As a result, the petitioners abused the de-facto complainant using filthy languages, attacked him with a deadly weapon, and also threatened him with dire consequences. Hence, the present case.

¶3The learned counsel appearing for the petitioners submitted that this is a case, case in counter. A case has also been registered against the de-facto complainant in Crime No.139 of 2025 on the file of the respondent police. He submitted that the petitioners are innocent persons, and have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

¶4The learned Government Advocate (Crl. side) submits that this is a case, case in counter, and the petitioners have been arrayed as A2 and A3 in this case. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

¶5Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also taking note of the fact that this is a case, case in counter, and that the injured has been discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

¶6Accordingly, 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 learned District Munsif cum Judicial Magistrate, Kariapatti, 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 the police officer who intends to arrest or to the satisfaction of the learned District Munsif cum Judicial Magistrate, Kariapatti, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 furnish their residential address and mobile number to the learned District Munsif cum Judicial Magistrate, Kariapatti. In the event of any change in their residential address, the petitioners shall report the same to the learned District Munsif cum Judicial Magistrate, Kariapatti;

(c) the petitioners shall report before the respondent police daily at 05.00 p.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;

(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 CRLeOP(MD).eNo.12023eofe2025 learnedoMagistrate/TrialoCourtothemselvesoasolaidodownobyotheoHon'bleoSupreme CourtoinoP.K.ShajioVs.oStateoofoKeralao[(2005)oAIRoSCWo5560]oand;

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ORDER IN CRL OP(MD) No.12023 of 2025 Date :21/07/2025

AS/08.08.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.