Marisamy v. State Of Tamilnadu Rep By Inspector Of Police, Thirumangalam Taluk

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Marisamy

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Thirumangalam Taluk Police Station, Madurai.

(Crime No. 15 of 2026 )

...Respondent

For Petitioner : Mr.S.Muniyandi Advocate.

For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 15 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 194 of BNSS @ 108 of BNS, 2023 in Crime No. 15 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant borrowed money for his business from the petitioner and remitted the same. However, the petitioner continuously demanded more money from the defacto complainant. On 23.01.2026 at about 8.00 a.m., the petitioner abused the defacto complainant and his family members in filthy langugae and threatened them, due to which the defacto complianant's father consumed poison and died. Hence, the case.

3. The learned counsel for the petitioner would submit 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 prayed to grant Anticipatory Bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) would submit that based on the complaint given by the defacto complainant, a case has been registered for the offences punishable under Sections 194 of BNSS @ 108 of BNS, 2023 in Crime No. 15 of 2026. He further submits that there is a money dispute pending between the parties and the petitioner has no previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he opposed 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, and considering the facts that there is a money dispute pending between the parties and since the FIR has been registered on 24.01.2026, the material part of investigation might have been completed and the petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

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[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 Magistrate, Thirumangalam, Madurai, and on further conditions that:

[b] the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders; [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 4/6

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 B.N.S.

(P D B J) 09.04.2026 apd To 1.The Judicial Magistrate, Thirumangalam, Madurai. 2.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai.

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

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 6192 of 2026 Date : 09.04.2026 6/6