Thanigasalam, v. The State Represented By Sub - Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Thanigasalam,

2. VISALATCHI

3. PERUMAL Petitioner(s) Vs The State Represented by Sub - Inspector of Police Nallanpillai Petral Police Station, Villupuram District. Crime No. 145/ Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioners on anticipatory bail in the event of arrest them in connection with Crime No. 145 of 2025 pending on the file of respondent. For Petitioner(s):

Mr.Siva Kumar For Respondent(s):

Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest by the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.145 of 2025 seek anticipatory bail.

2.The allegation against the petitioners is that there was some property dispute between the petitioners and the de-facto complainant. The petitioners had assaulted by using obscene words and threatened him with dire consequences. In the impact, the de-facto complainant sustained injuries. Hence the respondent police registered a case against the petitioners.

3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case. He submits that they have not committed any offence as alleged by the prosecution. He also submits that this case is a case-in-counter in Crime No.144 of 2025 against the de-facto complainant. He also submits that the petitioners are ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that this case is a case-incounter in Crime No.144 of 2025 filed by the petitioners against the de-facto complainant. He further submits that the injured person has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the

petitioners.

4. Considering the submissions made by the learned counsel on both sides, the fact that the injured was discharged from the hospital and the petitioners have no previous case pending against them, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

5. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Gingee, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen 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 Magistrate concerned and on further condition that: (a) 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;

(b) the petitioners shall report before the respondent police, everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners 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 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;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

25-11-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Represented bY Sub - Inspector of Police Nallanpillai Petral Police Station, Villupuram District. Crime No. 145/ 2.The Judicial Magistrate, Gingee.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi CRL OP No. 32045 of 25-11-2025