B.Bibin Priyan v. State Of Tamilnadu Rep By Inspector Of Police, Manavalakurichi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY B.Bibin Priyan ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Manavalakurichi Police Station, Kanniyakumari District.

Crime No.10/2026.

... Respondent/Complainant For Petitioner : Mr.Ferlin Castro.P.F For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) For Intervenor : Mr.R.Venkatesan PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.10/2026 on the file of the respondent police 1/6

ORDER : The Court made the following order :- The petitioner/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 118(1), 329(3), 351(3) and 296(b) of BNSS, in Crime No.10 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that on 17.01.2026 at about 2.40 p.m., the accused went to KLM Axiva Finance, where the defacto complainant was working as a cashier, and threatened and criminally intimidated her to withdraw the pending cases, further abusing her in filthy language and attacking her with a knife. 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. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the 2/6

respondent Police submitted that the defacto complainant is the wife of the petitioner, that there is a family dispute between them, and that there is an allegation of kidnapping of the child. He further submitted that 16 previous cases are pending against the petitioner and that he is a history sheeter. The injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner.

5. The learned Counsel appearing for the intervenor vehemently opposed the grant of anticipatory bail to the petitioner.

6. The learned Counsel appearing for the petitioner, however, submitted that some of the cases were filed when the petitioner was participating in an agitation, and that the other cases were filed by the petitioner's wife. Therefore, he cannot be termed a history sheeter.

7. Considering the overall facts and circumstances of the case, that the injured has been discharged from the hospital and also considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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8. 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.1, Eraniel, Kanniyakumari District, 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 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 stay at Madurai report before the Inspector of Police, Thallakulam Police Station, Madurai, daily at 10.30 a.m until further orders. The petitioner shall not intimidate or threaten the defacto complainant. No relaxation shall be considered for the next one month;

(c) the petitioner shall not tamper with evidence or 4/6

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) 28.01.2026 jbr TO

1. The Judicial Magistrate No.I, Eraniel, Kanniyakumari District.

2. The Inspector of Police, Manavalakurichi Police Station, Kanniyakumari 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.1546 of 2026 Date : 28/01/2026 6/6