Thangapandi v. State Of Tamilnadu Rep By Inspector Of Police, Sivakasi East
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] DATED : 06.05.2026
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY Thangapandi ... Petitioner Vs.
The State of Tamil Nadu Rep. by Inspector of Police, Sivakasi East Police Station, Sivakasi, Virudhunagar District.
Crime No.237/2026 ... Respondent For Petitioner : Mr.S.Muthiah Poosari Amalan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For Intervener : Mr.D.Raja Boopathy PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.237 of 2026 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 police for the offences punishable under Sections 296(b), 115(2), 351(3) and 324(3) of the BNS, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.237 of 2026 on the file of the respondent police, seeks anticipatory bail. Though the name of the petitioner does not find place in the FIR, the prosecution contends that the petitioner is an accused in Crime No.237 of 2026.
2. The case of the prosecution is that the petitioner forcibly trespassed into the house of the defacto complainant, assaulted her and also damaged the car parked in front of the house. Hence, a case has been registered against the petitioner. The petitioner apprehends arrest.
3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He seeks this Court to grant anticipatory bail to the petitioner. Page No. 2 of 6
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the injured was discharged from the hospital and that there are no previous cases against the petitioner.
5. The learned counsel appearing for the intervener objected to the grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case and also taking into account that the injured was discharged from the hospital and that there are no previous cases against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail, in the event of his arrest or on his appearance, on condition that he 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 Judicial Magistrate No.II, Sivakasi, Virudhunagar District, within a period of fifteen days from the date on which the order is made ready and subject to the following further conditions:
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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 appear before the respondent police as and when required.
[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 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].
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
[g] Taking into account the fact that the defacto complainant's car was damaged, the petitioner is directed to repair the car forthwith and bear the entire expenses thereof.
06.05.2026 JEN To 1.The Judicial Magistrate No.II, Sivakasi, Virudhunagar District.
2.The Inspector of Police, Sivakasi East Police Station, Sivakasi, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY , J.
JEN Order in 06.05.2026 Page No. 6 of 6