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Madras High CourtCRL OP(MD)/9140/2026granted

Velusamy v. The State Of Tamilnadu Rep. By

2026-05-06Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Velusamy 2.Pandiselvi ... Petitioners Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Rajathani Police Station, Theni District.

Crime No.198 of 2026 ... Respondent/Complainant For Petitioner : Mr.K.Dinesh Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.198 of 2026 on the file of the Respondent Police.

ORDER : The Court made the following order :- 1/7

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b) & 118(1) of BNS in Crime No.198 of 2026, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is an agriculturist. When her husband attempted to install a motor in their land, the petitioners have abused him in filthy language and also assaulted him with a wooden log, thereby, he sustained injuries. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The petitioners and the defacto complainant are close relatives. There is a civil dispute among the family members of the parties, due to which, this false case has been foisted as against these petitioners. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners. 2/7

4. The learned Government Advocate (Crk.Side) submitted that the injured has been treated as outpatient. No previous case is pending as against the petitioners.

5. Considering the facts and circumstances of the case and 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 arrest or on their appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with one surety each for a like sum to the satisfaction of the Judicial Magistrate Court, Andipatti, Theni within a period of fifteen days from the date on which the order copy was made ready 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 3/7

card or bank pass book to ensure their identity; [b] the petitioners shall report before the respondent police daily at 10.30 a,m., for a period of one week and thereafter, as and when required for interrogation.

[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 4/7

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.

(S S Y J) 06.05.2026 vrn 5/7

To 1.The Judicial Magistrate Court, Andipatti, Theni

2. The Inspector of Police, Rajathani Police Station, Theni District.

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

6/7

S.SRIMATHY,J vrn

ORDER

IN 06.05.2026 7/7