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Ayyasamy v. State Of Tamilnadu Rep By Sub Inspector Of Police, Devakottai Taluk

2026-05-06Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT [Criminal Jurisdiction] DATED : 06.05.2026

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Ayyasamy ... Petitioner Vs.

The State of Tamil Nadu Rep. by Sub Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

Crime No.118/2026 ... Respondent For Petitioner : Mr.S.Asaithambi 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.118 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) and 351(2) of the BNS, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman (Amendment) Act, 2002, in Crime No.118 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 24.03.2026, during a village festival, owing to a family feud over a property dispute, the petitioner assaulted the defacto complainant and abused her in filthy language. On the following day, i.e., 25.03.2026, the defacto complainant was admitted to a hospital as she was unable to hear properly nd was thereafter referred to a hospital at Chennai, where it was confirmed that her eardrum was ruptured. 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 Page No. 2 of 6

committed any offence as alleged by the prosecution. He seeks this Court to grant anticipatory bail to the petitioner.

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. 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.

6. 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, Devakottai, 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 report before the respondent police daily at 10.30 a.m. for a period of one week and thereafter, 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].

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

06.05.2026 JEN Page No. 4 of 6

To 1.The Judicial Magistrate, Devakottai.

2.The Sub Inspector of Police, Devakottai Taluk Police Station, Sivagangai 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