Yamakannan v. The State Represented By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Yamakannan, S/o.Petchimuthu ... Petitioner/A1 Vs.

The State of Tamil Nadu Rep.By, the Sub-Inspector of Police, Thoothukudi North Police Station, Thoothukudi District.

(Crime No.396 of 2026) ... Respondent/Complainant For Petitioner : Mr.N.Mahesh Saravanan, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.396 of 2026 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 329(4), 115(2), and 351(3) of BNS, read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.396 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous motive, on 30.04.2026, the petitioner, along with the other accused, allegedly trespassed into the house of the de-facto complainant, abused her in filthy language, and threatened her with dire consequences. Hence, the present case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/6

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that there are totally two accused persons in this case and the petitioner has been arrayed as A1. He further submitted that the issue pertains to a quarrel between the neighbours and that the injured was treated only as an outpatient. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the issue pertains to a quarrel between the neighbours and that the injured was treated only as an outpatient, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Judicial Magistrate No.III, Thoothukudi, within a period of fifteen days from the date on which the order copy was made ready and on further conditions that:

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[a] the petitioner 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 card or bank pass book to ensure their identity; [b] the petitioner 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 petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner 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 petitioner in accordance 4/6

with law as if the conditions have been imposed and the petitioner is 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 06.05.2026 mkn To 1.The Judicial Magistrate Court No.III, Thoothukudi.

2.The Sub-Inspector of Police, Thoothukudi North Police Station, Thoothukudi District.

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

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S.SRIMATHY, J.

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ORDER

IN 06.05.2026 6/6