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Madras High CourtCRL OP(MD)/1149/2026granted

Mayandi v. The State Of Tamilnadu Rep. By

2026-01-22Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Mayandi 2.Kannan 3.Karthick ... Petitioners/Accused Vs The State of Tamilnadu Rep. by the Inspector of Police, Rajathani Police Station, Rajathani, Theni District.

(Crime No. 3 of 2026). ... Respondent/Complainant For Petitioners : Mr.N.Ananda Padmanabhan Senior Counsel For Mr.J.Anandkumar For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) 1/6

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.

ORDER : The Court made the following order :- The petitioners/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under section 108 of B.N.S., in Crime No.3 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant, residing at Theni with his famly, availed a housing loan of Rs.25 lakhs from VATU housing Finance, Madurai and paid EMIs till December 2024. Due to financial difficulties, EMIs were unpaid from January 2025. The petitioners, employees of the finance company, allegedly threatened him for recovery. On 31.12.2025, his mother fell unconscious after consuming poison and later died on 02.01.2026. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any 2/6

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 defacto complainant defaulted on a housing loan availed from VASTU Housing Finance due to financial difficulties, following which the petitioners allegedly threatened him for recovery. On 31.12.2025, his mother consumed poison and died on 02.01.2026.

5. Taking into consideration of the facts and circumstances of the case and also considering the nature of the offence, 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, Aundipatti, Theni District, on condition that the petitioners shall execute a bond for a sum 3/6

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 pass Book to ensure their identity;

(b) the petitioners shall report before the respondent police daily at 10.30 a.m until further orders; (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 4/6

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) 22.01.2026 jbr TO 1.The learned Judicial Magistrate, Aundipatti, Theni District.

2.The Inspector of Police, Rajathani Police Station, Rajathani, Theni District.

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.1149 of 2026 Date : 22/01/2026 6/6