Kavitha v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/01/2026 PRESENT The HONOURABLE MR. JUSTICE S.SRIMATHY
1. Kavitha
2. Dinesh
3. Pradeeshwaran ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Usilampatti Town Police Station, Madurai District.
Cr.No.10 of 2026. ... Respondent/Complainant For Petitioners : Mr. P.Manikandan Advocate.
For Respondent : Mr.S.S. Manoj Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Cr.No.10 of 2026 on the file of the respondent police.
ORDER : The Court made the following order :- 1/6
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 329(4), 324(4), 115(2) and 351(2) of BNS, 2023, in Crime No.9 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to family dispute, the petitioners herein are said to have attacked the defacto complainant with hands and also caused damages to the shop of the defacto complainant. Hence, the case.
3. It was submitted by the learned counsel for the petitioners that some of the offences were not mentioned in the FIR and that the FIR number had been wrongly mentioned; hence, the same has been incorporated.
4. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent Police.
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5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the petitioners are ready and willing to deposit a sum of Rs.2,000/- each and that no one has sustained injury in the said occurrence and that it is a case and counter case, this Court is inclined to grant anticipatory bail to the petitioners, with 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 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 learned Judicial Magistrate, Usilampatti, Madurai District, within a period of fifteen days from the date on which the order copy is made ready 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 3/6
or Bank pass Book to ensure heir identity;
[b] the petitioners shall make a non refundable deposit of Rs.2,000/- (Rupees Two Thousand only) each to the credit of the Headmistress, General Fund A/C, Government Boys Higher Secondary School, Y. Othakadai, in State Bank of India Account No. 30162368975, MICR Code: 625002008; Othakadai Branch, Madurai. This fund shall be utilized for the purpose of purchasing furniture and other basic needs of the school, without prejudice to his contentions and rights before the trial Court, and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner;
(c) the petitioners shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation; (d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners shall not abscond either during investigation or trial;
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(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 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;
(g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 22.01.2026 TRP TO
1. Judicial Magistrate, Usilampatti, Madurai District
2. The Inspector of Police, Usilampatti Town Police Station, Madurai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S. SRIMATHY, J., TRP
ORDER
IN CRL OP(MD) No.1091 of 2026 Date : 22/01/2026 6/6