Sivapandi v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/11/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY C.R.L. O.P.(MD).No.5944 of 2025 1.Sivapandi 2.Mahalakshmi 3.Sivaranjani ..Petitioners/Accused Nos.1 to 3 Vs The State rep.by The Inspector of Police, Thirupparankundram Police Station, Madurai District.
(Cr.No.133 of 2025) .. Respondent/Complainant For petitioners : Mr.Ajmal Khan Sulthan Allowdhin For Respondent : Mr.S.S.Manoj Government Advocate(Crl. side) For Intervenor : Mr.B.Karunanithi PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.133 of 2025 on the file of the Respondent Police.
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ORDER : This Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 351(3) of BNS, and Section 4 of the Prohibition of Harassment of Women Act, 2002, in Crime No.133 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners are the landlord. The dispute is between the landlord and the tenant. The tenant demanded the lease advance amount which was paid by the lessee to the petitioners while taking the lease. When such demand was made, the petitioners had through chilly powder on the lessee. Hence, the complaint.
3. On earlier occasion, this Court has directed the petitioners to file an undertaking affidavit indicating the instalment that would be paid by them. Today the petitioners have come forward by way of an affidavit stating that the advance amount will be returned in instalments and already Rs.30,000/- was returned before the Mediation. Now the balance amount of Rs.6,20,000/- ought to be returned.
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4. Accepting the affidavit, the petitioners are directed to pay the balance amount in instalments. The defacto complainant shall vacate the premises after receiving the final instalment. If there is any default, the defacto complainant is permitted to approach this Court. Incase, if the petitioners identified prospective buyer, the lessee shall vacate the premises after the entire lease amount was settled to him. With these directions, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions:
5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of 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 learned Judicial Magistrate No.VI, Madurai District, within a period of fifteen days from the date of receipt of a copy of this order 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 shall report before the respondent police as and when required;
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S.SRIMATHY, J., PJL [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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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.
21.11.2025 PJL To 1.The Judicial Magistrate No.VI, Madurai District. 2.The Inspector of Police, Thirupparankundram Police Station,Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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