Muthu Samy v. State of Tamilnadu Rep by Inspector of Police, Mukkudal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/02/2026 CORAM THE HONOURABLE MRS. JUSTICE S.SRIMATHY

¶1Muthu Samy,

¶2Mani @ Manikandan,

¶3Navin Prabhu,

¶4Balaji @ Muthu Balaji, ... Petitioners Vs. State of Tamilnadu Rep by Inspector of Police Mukkudal Police Station, Tirunelveli District. (Crime No. 100/2026). ... Respondent PRAYER :- For Anticipatory Bail in Crime No. 100/2026 on the file of the respondent Police. For Petitioners : Mr.N. Mohideen Basha,

Advocate. For Respondent : Mr.S.S.Manoj,

Government Advocate (Crl.Side) For Intervenor : Mr.V.G.Vallatharasu Chezhiyan Advocate ORDER : The Court made the following order :-

The Petitioners apprehend arrest at the hands of the respondent police, for the offences punishable under Sections 189(2), 115(2), 303(2), 351(3) BNS and Section 3 of TNPPDL Act, in Crime No.9 of 2026, seek anticipatory bail.

¶2The case of the prosecution is that the Petitioners attacked the defacto complainant and snatched his phone and dollar in the chain and also damaged the two wheeler of the defacto complainant. Hence, this case.

¶3The 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 the Petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the Petitioners.

¶4The learned Government Advocate (Crl.Side) for the respondent police would submit that the first petitioner is having four previous case, the second petitioner is having three previous cases and the Petitioners 3 and 4 are having any previous case. The allegation against the petitioners is that they caused head injury to the defacto complainant and broken his mobile phone and also damaged his bike. Hence, he vehemently opposed for grant of anticipatory bail to the Petitioners.

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

¶8Accordingly, this Petition is allowed and the Petitioners is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Cheranmahadevi, Tirunelveli 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 Judicial Magistrate, Cheranmahadevi, Tirunelveli District, and on further conditions that:

(a) the first and second petitioner shall deposit a sum of Rs.20,000/- each and the petitioners 3 and 4 shall deposit a sum of Rs.10,000/- each to the credit of Crime No. 100 of 2026 before the Judicial Magistrate, Cheranmahadevi, Tirunelveli District.

(b) 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;

(c) the Petitioners shall furnish his residential address and mobile number to the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District. In the event of any change in their residential address, the Petitioners shall report the same to the learned Judicial Magistrate,

Cheranmahadevi,

Tirunelveli District;

(d) the petitioners 1 and 2 shall stay at Trichy and report before the Inspector of Police, Trichy Town Police Station, Trichy, and the Petitioners 3 and 4 shall stay at Madurai and report before the Inspector of Police, Tallakulam Police Station, Madurai, daily at 10.30 a.m. Until further orders. No relaxation petition or modification petition will be considered for next three months;

(e) the Petitioners shall not tamper with evidence or witness either during investigation or trial;

(f) the Petitioners shall not abscond either during investigation or trial;

(g) 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 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;

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

¶9After watching the video, this Court is of the view that the respondent shall verify the same and, if necessary, add the appropriate penal provisions in accordance with law.

¶10On the deposit made by the petitioners in Crime No.100 of 2026, the defacto complainant is permitted to withdraw the said amount (i.e., Rs.60,000/-).

27.02.2026 Ls

TO

¶1The Judicial Magistrate, Cheranmahadevi, Tirunelveli District,

2.The Inspector of Police, Mukkudal, Police Station, Tirunelveli District.

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

1.The Inspector of Police, Trichy Town Police Station, Trichy,

2.The Inspector of Police, Tallakulam Police Station, Madurai District.

S.SRIMATHY,J LS ORDER IN CRL OP(MD) No.4282 of 2026 27/02/2026