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2025 DAILYLAW 185310 (MAD)

Ganesan v. State Of Tamilnadu Rep By Inspector Of Police, Murappanadu

CRL OP(MD)/22455/2025 · 2025-12-08

S Srimathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.22455 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.22455 of 2025 Ganesan ... Petitioner /Accused No.13 Versus The State of Tamilnadu, Rep by the Inspector of Police, Murappanadu Police Station, Thoothukudi District. (Crime No.453 of 2025) ... Respondent/Complainant For Petitioner : Mr.G.Sailendrababu, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.453 of 2025 on the file of the respondent police. 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22455 of 2025 ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 296(B), 109(1) and 351(3) of BNS and Section 3 of the TNPPDL Act, seeks anticipatory bail. 2. The case of the prosecution is that on 12.11.2025 at about 22.30 hours, due to previous enmity between the parties, the accused persons unlawfully assembled and caused damage to the two-wheeler owned by the defacto complainant. Hence, the case. 3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that co-accused was granted anticipatory bail by this Court. Hence, he prays for grant of anticipatory bail to the petitioner. 4. The learned Additional Public Prosecutor appearing for the respondent police submitted that a case and counter case has been 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22455 of 2025 registered. 5. Taking into consideration of the facts and circumstances of the case and also considering the fact that co-accused has already been granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date on which the order made ready, before the learned Judicial Magistrate Court, Srivaikundam, on condition that the petitioner shall execute a bond for a sum of Rs. 10,000/-(Rupees Ten Thousand only) 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 petitioner 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; 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22455 of 2025 (b) the petitioner shall appear and sign before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. He has to co-operate for the investigation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner 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) 08.12.2025 pal 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22455 of 2025 To 1. The Judicial Magistrate Court, Srivaikundam. 2.The Inspector of Police, Murappanadu Police Station, Thoothukudi District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22455 of 2025 S.SRIMATHY,J. pal ORDER IN CRL OP(MD) No.22455 of 2025 Date : 08.12.2025 6/6 https://www.mhc.tn.gov.in/judis