Thirumoorthi Vs The State of Tamil Nadu

The petitioners/A1 to A3, 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) and 351(3) of BNS, 2023 in Crime No.81 of 2025 on the file of the respondent police, seek anticipatory bail.

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The case of the prosecution is that on 10.07.2025, during the temple festival, the petitioner abused the de-facto complainant using filthy language and also assaulted him. Hence, the present case has been registered.

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The learned counsel appearing for the petitioners submitted that this is a case, case in counter. In fact, the de-facto complainant was the one, who attacked the petitioners with a sickle, thereby causing cut injuries. Subsequently, a case has also been registered against the de-facto complainant in Crime No.80 of 2025 on the file of the respondent police. He submitted that the petitioners are innocent persons, and

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https://www.mhc.tn.gov.in/judis have not committed any offence as alleged by the prosecution. He further submitted

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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.

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The learned Government Advocate (Crl. side) submits that this is a case, case in counter, and the petitioners have been arrayed as A1 to A3. There are no previous cases registered against the petitioners. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

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Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also taking note of the fact that the injured has been discharged from the hospital, and that there are no previous cases registered against the petitioners, and that as the date of occurrence is 10.07.2025, by this time most of the investigation might have been completed, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

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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

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the order copy made ready, before the learned Judicial Magistrate, Vadipatti, https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.12018 of 2025

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Madurai 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Vadipatti, Madurai District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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(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;

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(b) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Vadipatti, Madurai District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Vadipatti, Madurai District;

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(c) the 1^st and 3^rd petitioners shall report before the respondent police daily at 10.00 a.m. until further orders, and the 2^nd petitioner shall report before the respondent police weekly once i.e. on every Monday at 10.00 a.m. until further orders;

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(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

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https://www.mhc.tn.gov.in/judis

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(e) the petitioners shall not abscond either during investigation or trial;

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(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial

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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 themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and;

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

sd/21/07/2025

/ TRUE COPY /

/08/2025

Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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