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Madras High CourtCRL OP(MD)/110/2026granted

Selvam v. The State Of Tamil Nadu

2026-01-06Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. T.Selvam

2. G.Santhakumar ... Petitioners Vs The State of Tamil Nadu, Rep., by, The Sub Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai District.

FIR No.451 of 2025.

... Respondent/Complainant For Petitioner : Karthikeyan, Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) For Intervenor/ defacto complainant : Mr.M.Suresh PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-8AB. For Anticipatory Bail in Cr.No.451 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- 1/7

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 324(4), 326(g) & 109 of BNS, 2023, in Crime No.451 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant's brother had eloped with the first accused's daughter and married her. Due to this enmity, the accused persons set fire to the house of the defacto complainant and caused damage worth about Rs.2 lakhs and 35 sovereigns of gold jewels were damaged. Hence, the complaint.

3. The 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, 2/7

he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that A1 and A2 were already arrested and still they are in prison. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and considering the relationship between the parties, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of 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 learned Judicial Magistrate, Tirumangalam, Madurai, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

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

[b] the petitioners are directed to deposit a sum of Rs.50,000/-(Rupees Fifty thousand only) each, to the credit of Crime No.451 of 2025, before the before the Judicial Magistrate, Tirumangalam, Madurai. After receipt of entire amount, the Judicial Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.451 of 2025. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the 4/7

said amount in its final order/Judgment.

[c] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

[d]the petitioners shall not tamper with the evidence or witness either during investigation or trial;

[e]the petitioners shall not abscond either during investigation or trial;

[f]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 are 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];

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

06.01.2026 PJL TO

1. The Judicial Magistrate, Tirumangalam, Madurai.

2. Do-Through The Chief Judicial Magistrate, Madurai District.

3. The Sub Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.110 of 2026 Date : 06/01/2026 7/7