Periyasami, v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Valliyoor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6557 of 2026 Periyasami ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District.

(Crime No.18 of 2026)

...Respondents/Complainant

For Petitioner : Mr.S.R.Anbarasu Advocate.

For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 18 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 69, 75, 318(4), 356, 61, 74 and 351(2) of BNS in Crime No.18 of 2026, on the file of the respondent police, seeks 1/6

anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a divorcee. After their separation there was love affair between the petitioner and the defacto complainant. The defacto complainant also obtained loan from money lenders and given the same to the petitioner. While so, when the defacto complainant demanded the petitioner to marry her. He refused for the same and he also did not repay the money. By this way, he cheated the defacto complainant. 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. There was no valid divorce between the defacto complainant and her husband. If the petitioner admitted the relationship between him and the defacto complainant, it is only consensual relationship. In respect of money dispute, she has to approach appropriate civil forum only. Hence, he prays to grant Anticipatory Bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. On the guise of love affair, the petitioner obtained money from the defacto complainant, who is a divorcee. Thereafter, he neither marry her nor repay the money and cheated the defacto complainant. There is no previous case pending against the petitioner. He vehemently opposed the grant of 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, considering the relationship between the parties, even according to the prosecution the alleged occurrence took place in the year 2014 and the FIR has been registered only on 28.02.2026, by this time material part of the investigation might have been completed, there is no previous case against the petitioner and considering all other facts and circumstances of the 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 bail in the event of arrest or on his appearance, within a period of fifteen 3/6

days from the date on which the order copy made ready, before the learned Judicial Magistrate, Valliyoor, on 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 learned Magistrate concerned and on further condition 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 as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 4/6

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 02.06.2026 TM To 1.The Judicial Magistrate, Valliyoor.

2.The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District.

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

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 6557 of 2026 Date : 02.06.2026 6/6