Arumugam And Others vs State Of Tamil Nadu And Others

S.Srimathy, J

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 191(2), 49, 109(1) and 103(1) of B.N.S., 2023, in Crime No.r of 2026 on the file of the respondent police, seek anticipatory bail.

The case of the prosecution is that the de-facto complainant's husband died 3 years back and they have 2 sons, who are aged 7 years and 5 years. In these circumstances, the de-facto-complainant and deceased Sathis Kumar loved each other and it was objected by the de-facto-complainant's family members. Hence, the deceased lodged complaint before the police. Hence, on 16.08.2025, the respondent conducted an enquiry. After the enquiry, at about 10.30 PM, the de-facto-complainant and deceased returned to Trichy by bike. When they were going in Ayyapatti bridge, the accused persons came in a car and they dashed the de-facto-complainant and the deceased. Hence, the said Sathis kumar died in the said incident. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioners.

The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.

The learned Additional Public Prosecutor appearing for the respondents submitted that the offences committed by the petitioners are serious in nature. He further submitted that this Court had already dismissed the anticipatory bail petition filed by the petitioners in Crl.O.P.(MD)No.21775 of 2025, vide order dated 15.12.2025, and therefore prayed for dismissal of the present petition.

This Court, on considering the rival submissions and the materials available on record, finds that though the earlier anticipatory bail petition filed by the petitioners came to be dismissed by this Court, the present petition insofar as the first petitioner is concerned deserves separate consideration in view of his advanced age.

Taking into account the age and physical condition of the first petitioner, and considering the fact that his presence for investigation can be secured by imposing appropriate conditions, this Court is of the view that custodial interrogation of the first petitioner may not be necessary at this stage. In such circumstances, balancing the seriousness of the allegations with the humanitarian consideration arising out of the advanced age of the first petitioner, this Court is inclined to grant anticipatory bail to the first petitioner alone, subject to stringent conditions to ensure his cooperation with the investigation.

Accordingly, the first petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the first 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 learned Judicial Magistrate No.IV, Madurai, within a period of fifteen days from the date on which the order copy was made ready and on further conditions that:

[a] the first 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 Aadhaar card or bank pass book to ensure their identity;

[b] the first petitioner shall report before the respondent as and when required for interrogation.

[c]the first petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the first 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 first petitioner in accordance with law as if the conditions have been imposed and the first petitioner is 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

Insofar as the petitioners 2 and 3 are concerned, the Registry is directed to list this matter before 3rd Vacation Court.