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Madras High CourtCRL OP(MD)/239/2026granted

Pandian v. State Of Tamilnadu Rep By Inspector Of Police, Vanniyampatti

2026-01-08Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY S.Pandian ... Petitioner/Sole Accused Vs State of Tamilnadu, Rep by Inspector of Police, Vanniyampatti Police Station, Vanniyampatti, Srivilliputhur Taluk, Virudhunagar District.

Crime No.3 of 2026.

... Respondent/Complainant For Petitioner : M/s.N.Gayathri For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.3 of 2026 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 329(4), 296(b) and 351(3) of BNS, in Crime No.3 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 02.01.2026 at about 06.00 p.m., the petitioner illegally entered into the house of the defacto complainant, abused him in filthy language and tried to attack and threatened him with dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that, due to previous enmity, a false complaint has been lodged. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the defacto complainant is a Nattamai 2/6

of the village and he is in possession of poison bottle. Therefore, he opposed for grant of anticipatory bail to the petitioner.

5. There is a dispute between the petitioner and the defacto complainant, and it is alleged that the petitioner threatened to mix poison in the water tank. According to the petitioner, he had only threatend the defacto complainant and no one was injured. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Srivilliputhur, on condition that 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the petitioner and the sureties shall affix their 3/6

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 petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the 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 petitioner 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 abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 08.01.2026 jbr 4/6

TO 1.The Judicial Magistrate Court No.II, Srivilliputhur.

2.The Inspector of Police, Vanniyampatti Police Station, Vanniyampatti, Srivilliputhur Taluk, Virudhunagar District.

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

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.239 of 2026 Date : 08/01/2026 6/6