High Court · 2025

CRL OP(MD). No.10949 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 11/08/2025PRESENTTHE HONOURABLE MR. JUSTICE P. VADAMALAICRL OP(MD). No.10949 of 2025A.Nirmal,S/o.Ananthappan @ Ananthan ... Petitioner/Accused VsThe State of Tamil Nadu,Rep. by, the Inspector of Police,Seevalaperi Police Station,Tirunelveli District.(Crime No.134 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.D.Ganeshamoorthi, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSSPRAYER :- For Anticipatory Bail in Crime No.134 of 2025 on the file of the Respondent Police.1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10949 of 2025ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondentpolice for the offences initially punishable under Section 194 of BNSS andsubsequently, altered to Section 105 of BNS in Crime No.134 of 2025 on the file of therespondent police, seeks anticipatory bail.2. The case of the prosecution is that the de-facto complainant is the father ofthe deceased. It is alleged that due to the petitioner's negligent act, the de-factocomplainant's son died by electrocution. Hence, a case was registered.3. The learned counsel for the petitioner submitted that this is the thirdanticipatory bail application filed before this Court. On 26.02.2025, at about 8.00 a.m.,the deceased was electrocuted and died on the petitioner’s agricultural land, and thebody was discovered at around 5.00 p.m. Subsequently, the respondent policeregistered an FIR in Crime No.134 of 2025 under Section 194 of the BNSS Act, 2023,treating it as a case of suspicious death and later, altered the same to Section 105 ofthe BNS. He submitted that the petitioner was in Chennai on the date of theoccurrence and is in no way connected with the alleged incident as stated by theprosecution. He further submitted that on an earlier occasion, the prosecution had2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10949 of 2025submitted that there were two previous cases registered against the petitioner.However, in both cases, the petitioner has already been acquitted. Copies of thejudgments evidencing the acquittals have also been produced. The petitioner hasbeen falsely implicated in this case. He, however, submitted that the petitioner iswilling to abide by any conditions that may be imposed by this Court. Hence, heseeks anticipatory bail.4. The learned Government Advocate (Criminal Side), by filing the statusreport, submitted that the petitioner, without obtaining any permission, had illegallyinstalled an electric fence in his agricultural field, due to which the deceased waselectrocuted and died on the spot.5. Per contra, the learned counsel for the petitioner submitted that no illegalelectric fence was installed in the petitioner’s field. In fact, while the deceased was onhis way to bath in the well located on the petitioner's property, he was electrocutedand found dead near the motor room.6. In reply, the learned Government Advocate (Criminal Side) submitted thatthe Paragraph No.6 of the status report clearly states that when one Jayant informedthe petitioner about the deceased’s death, the petitioner admitted that he had set up3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10949 of 2025an electric fence to prevent animals from damaging the paddy crops in his field. Hesubmitted that the petitioner routinely drew electricity illegally from the meter boxwithout any government permission and used it to power the electric fence.Thereafter, following the incident, the petitioner and his brother allegedly removedthe wires and absconded. He further submitted that the investigation in this case hasbeen completed, and a charge sheet has been filed in P.R.C.No.346 of 2025 on the fileof the learned Judicial Magistrate No.III, Tirunelveli. However, he opposed to grantanticipatory bail to the petitioner.7. Taking into consideration the facts and circumstances of the case, the natureof the offence, and taking note of the fact that the entire investigation in this case hasbeen completed and a charge sheet has been filed, and that the petitioner was alreadyacquitted in the previous cases registered against him, this Court is inclined to grantanticipatory bail to the petitioner, subject to certain conditions. 8. Accordingly, the petitioner is ordered to be released on bail in the event ofarrest or on his appearance, within a period of fifteen days from the date on whichthe order copy made ready, before the learned Judicial Magistrate No.III, Tirunelveli,on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10949 of 2025Twenty Five Thousand only) with two sureties each for a like sum to the satisfactionof the respondent police or the police officer who intends to arrest or to thesatisfaction of the learned Judicial Magistrate No.III, Tirunelveli, failing which, thepetition for anticipatory bail shall stand dismissed and on further condition that:(a) the petitioner and the sureties shall affix their photographs and left thumbimpression in the surety bond and the Magistrate may obtain a copy of their Aadharcard or Bank pass Book to ensure their identity;(b) the petitioner shall furnish his residential address and mobile number to thelearned Judicial Magistrate No.III, Tirunelveli. In the event of any change in hisresidential address, the petitioner shall report the same to the learned JudicialMagistrate No.III, Tirunelveli;(c) the petitioner shall appear and sign before the respondent police daily at10.30 a.m., except on hearing dates, until further orders. Further, the petitioner shallappear before the concerned Trial Court on hearing dates;(d) the petitioner shall not tamper with evidence or witness either duringinvestigation or trial;(e) the petitioner shall not abscond either during investigation or trial;(f) on breach of any of the aforesaid conditions, the learned Magistrate/ TrialCourt is entitled to take appropriate action against the petitioner in accordance with5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10949 of 2025law as if the conditions have been imposed and the petitioner released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Courtin P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and;(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registeredunder Section 269 of BNS, 2023. sd/- 11/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. mknTO1.The Judicial Magistrate Court No.III,Tirunelveli.2.The Inspector of Police, Seevalaperi Police Station,Tirunelveli District.3.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10949 of 2025+1 CC to M/s.A.D.GANESHA MOORTHI, Advocate ( SR-8698[I] dated 12/08/2025 ) ORDER IN CRL OP(MD) No.10949 of 2025 Date :11/08/2025 AS/26.08.2025/7P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 7/7