Marisamy v. The State Of Tamil Nadu Rep By,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/03/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Marisamy, S/o. Paramasivam ... Petitioner/Accused Vs The State of Tamil Nadu Rep, By, the Sub-Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.
in Crime No. 652/2025..
... Respondent/Complainant For Petitioner : Mr.M.Jothi Basu, For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 652 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 336 (2), 338, 340(2) of BNS, 2023 r/w 12(1)(b) of Passport Act, 1967, in Crime No. 652 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant is working as a Sub-Inspector of Police. The petitioner/accused applied for reissue of a passport before the Passport Office and during verification of records, the passport authorities found that he had obtained another passport. Upon enquiry, it was revealed that he was in possession of multiple passports along with criminal intimation. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. Hence, he prays to grant Anticipatory Bail to the petitioner.
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4. The learned Government Advocate (Crl. Side) fairly submits that the petitioner is in possession of multiple passports and is also involved in criminal cases and also submitted that no previous case is pending against the petitioner. However, he opposes to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, though FIR has been registered on 19.12.2025, so far no steps have been taken by the respondent police to secure the petitioner and the petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 learned Judicial 3/6
Magistrate Court, Rajapalayam, Virudhunagar District, and on further conditions that:
[b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of thirty days, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature.
[d] the petitioner shall not abscond either during investigation or trial.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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 petitioner 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].
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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
(P D B J) 26.03.2026 tta TO 1.The Judicial Magistrate Court, Rajapalayam, Virudhunagar District.
2.The Sub-Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL,J tta
ORDER
IN CRL OP(MD) No.5329 of 2026 Date : 26/03/2026 6/6