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Madras High CourtCRL OP(MD)/302/2026granted

Kamatchi v. State Of Tamilnadu Rep By Inspector Of Police, Jeyamangalam

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 1.Kamatchi 2.Mariyammal 3.Poomani @ Parthiyaaxmi, 4.Sumathi ... Petitioners/Accused No.1 to 3, 5 Vs State of Tamilnadu, Rep by Inspector of Police, Jeyamangalam Police Station, Theni District.

(Crime No.425/2025) ... Respondent/Complainant For Petitioners : M/s.M.Anbarasi 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.425/2025 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 191(2), 296(b), 324(4) of BNS, 2023 and Section 4 of TNPHW Act, in Crime No.425 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 30.12.2025, the petitioners and other accused abused the defacto complainant in filthy language and damaged the defacto complainant's property. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the first petitioner has four previous cases and he is a history sheeter. He further submitted that the petitioners 2/6

2 to 4 have no previous cases pending against them and that the petitioners 2 to 4 are absconding. Therefore, he opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the nature of allegation, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Periyakulam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each 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 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 Aadhar card or Bank 3/6

pass Book to ensure their identity;

(b) the 1st petitioner shall report before the respondent police daily at 10.30 a.m., and 05.30 p.m., until further orders. The petitioners 2 to 4 shall report before the respondnet police 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 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 Inspector of Police, Jeyamangalam Police Station, Theni District.

2.The Judicial Magistrate Court, Periyakulam.

3.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.302 of 2026 Date : 08/01/2026 6/6