P Santhiya v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.P.Santhiya, W/o.Pandi 2.M.Rajkumar, S/o.Muniyandi ... Petitioners/A2 & A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Allinagaram Police Station, Theni District.

(Crime No.110 of 2025) ... Respondent/Complainant For Petitioners : Mr.R.Shankar Ganesh, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.110 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 329(4), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 r/w. Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Crime No.110 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that based on information received from the daughter of the de-facto complainant's aunt that some persons had trespassed into their house, the de-facto complainant rushed there. When he questioned the accused persons, they abused him using filthy language, threatened him, and also assaulted him, thereby causing injury. Hence, the case.

3. The learned counsel for the petitioners submitted that this is the second anticipatory bail application before this Court. The petitioners are innocent persons, and they have not committed any offence as alleged by the prosecution. They have 2/6

been falsely implicated in this case. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are three accused persons in this case and the petitioners have been arrayed as A2 and A3. Insofar as A2 and A3 are concerned, there are no previous cases against them. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and considering the fact that there are no previous cases against the petitioners, and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Theni on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of 3/6

the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Theni 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 Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Theni. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Theni;

(c) the petitioners shall report before the Inspector of Police, PC Patti Police Station, Theni District daily twice, 10.30 a.m. and 05.30 p.m., until further orders; (d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall not abscond either during 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble 4/6

Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 10/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.THE JUDICIAL MAGISTRATE, THENI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3.THE INSPECTOR OF POLICE, ALLINAGARAM POLICE STATION, THENI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE INSPECTOR OF POLICE, PC PATTI POLICE STATION, THENI DISTRICT.

+1 CC to M/s.R.SHANKAR GANESH, Advocate ( SR-6132[I] dated 10/06/2025 ) 5/6

ORDER

IN CRL OP(MD) No.9619 of 2025 Date :10/06/2025 HPS/17.06.2025 /6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6