Thanisha v. State Of Tamilnadu Rep By Inspector Of Police, Kanyakumari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-02-2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY

1. Thanisha

2. SAKATHEVAN @ PRAVEEN Petitioner(s) Vs State Of Tamilnadu Rep By Inspector Of Police, Kanyakumari Police Station Kanyakumari.

Crime No.32/2026.

Respondent(s) For Petitioner(s):

Mr.J.Arul Prakash For Respondent(s):

Mr.S.S. Manoj, Government Advocate (crl. Side) Prayer: C-33AB.For Anticipatory Bail in Crime No.32/2026 on the file of the respondent police.

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 1/4

296(b), 115(2), 351(3) of BNS Act, seeks anticipatory bail.

2. The case of the prosecution is that, due to previous enmity, the accused persons intercepted the defacto complainant and sent an amount of Rs. 40,000/- to the GPay number of the first petitioner through the GPay application without the prior consent of the de facto complainant. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. side) appearing for the respondent submitted that marriage dispute is pending between the parties.

5. Considering the facts and circumstances of the case and also considering the fact that property dispute is pending between the parties, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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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) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court-I, Nagercoil, 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioners are directed to report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter as and when required for interrogation.

[c] the petitioners shall not tamper with the 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 3/4

petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

02-02-2026 KSA To

1. The Inspector Of Police, Kanyakumari Police Station Kanyakumari.

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

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