Srinivash v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.03.2026 PRESENT THE HONOURABLE MR.JUSTICE P.DHANABAL CRL OP(MD)No.5618 of 2026 Srinivash ... Petitioner / Accused No.1

Versus

The State of Tamilnadu, Rep by the Inspector of Police, Palanichettipatti Police Station, Theni District.

(Crime No.170 of 2026) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the BNSS, 2023, praying to grant anticipatory bail to the petitioner in Crime No.170 of 2026 on the file of the respondent police. For Petitioner :

Mr.T.Balachandran For Respondent :

Mr.M.Karunanithi, Government Advocate (Criminal Side) 1/6

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police in Crime No.170 of 2026 for the offence punishable under Section 353(2) of the Bharatiya Nyaya Sanhita, 2023, and Section 67 of the Information Technology Act, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner allegedly threatened the public by using a weapon, thereby creating fear in the minds of the people. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, has not committed any offence as alleged by the prosecution, and has been falsely implicated in this case. He further submitted that the petitioner is a law-abiding citizen and is ready and willing to furnish substantial sureties and to abide by any conditions that may be imposed by this Court. Therefore, he prayed for the grant of anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner has been arrayed as A1. He further submitted that no previous cases against the petitioner. He also submitted that no one was injured in this case. Accordingly, he opposed the grant of anticipatory bail to the petitioner.

5. This Court heard the learned counsel on either side and perused the materials placed on record.

6. Considering the rival submissions made on either side, the nature of the offence, and taking into account that no one was injured in this case, and further considering that there are no previous cases against the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, this petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order made ready, before the learned Judicial Magistrate Court No.I, Theni, on 3/6

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 report before the respondent police on every Saturday for a period of four weeks and thereafter, as and when required for interrogation; (c) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

(d) the petitioner shall not leave India without the prior permission of the Court;

(e) the petitioner shall not abscond either during 4/6

investigation or trial.

(f) 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 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].

(g) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

23.03.2026 pal To 1.The Judicial Magistrate Court No.I, Theni.

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

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

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P.DHANABAL ,J.

pal

ORDER

IN CRL OP(MD) No.5618 of 2026 Date : 23.03.2026 6/6