Rashitha Banu v. State Of Tamilnadu Rep By Inspector Of Police, Manur
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Rashitha Banu
...Petitioner/Accused -1
Vs State of Tamil Nadu rep. by The Inspector of Police, Manur Police Station Manur Tirunelveli.
(Crime No. 1286 of 2025 )
...Respondent
For Petitioner : Mr.M.M.Manivelpandian Advocate.
For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 1286 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 296(b), 329(4), 115(2), 118(1), 351(3) and 105 of BNS, 2023 and Section 4 of the TNPHW Act in Crime No. 1286 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the daughter of the defacto complainant is a mentally unstable person. On 27.12.2025, when she used the petitioner's land as toilet, the quarrel arose, due to which the petitioner abused her in filthy language and attacked her causing injuries and also trespassed into the house of the defacto complainant. 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 296(b), 329(4), 115(2), 118(1), 351(3) and 105 of BNS, 2023 and Section 4 of the TNPHW Act in Crime No. 1286 of 2025. He would further submit that after registration of FIR, one injured person died. He would further submit that the petitioner has no previous case. He would further submit that 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 made on either side and the nature of offences charged against the petitioner, and considering the facts that the parties are neighbours and the alleged took place on 27.12.2025, so far no steps have been taken by the respondent police to secure the accused and by this time, investigation might have been completed and the petitioner has no previous case and according to the prosecution there is no specific overt-act attributed as against this 3/6
petitioner, 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 Magistrate, Tirunelveli 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 4/6
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 B.N.S.
(P D B J) 30.04.2026 apd To 1.The Judicial Magistrate, Tirunelveli.
2.The Inspector of Police, Manur Police Station Manur Tirunelveli.
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. 8843 of 2026 Date : 30.04.2026 6/6