Chinnaiya v. State Of Tamilnadu Rep By Inspector Of Police, Keelavalavu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2026 PRESENT The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR 1.Chinnaiya 2.Seetharaman 3.Chitra ... Petitioners/Accused 1 to 3 Vs The State of Tamil Nadu represented through The Inspector of Police, Keelavalavu Police Station, Madurai.

(Crime No.100 of 2026) ... Respondent/Complainant For Petitioners : Mr.A.Abdulkabur For Respondent : Mr.A.Albert James, Government Advocate (Crl. Side) PETITION FOR ANTICIBATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.100/2026 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners / accused Nos.1 to 3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 329(4), 77, 296(b), 115(2), 118(1) and 351(3) BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Woman (Amendment) Act, 2002, in Crime No.100 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 16.04.2026 at about 05.00 p.m., while the defacto complainant was taking bath, the first petitioner allegedly attempted to misbehave with her. On hearing the alarm raised by the defacto complainant, the first petitioner immediately fled from the spot. Thereafter, when the family members of the defacto complainant went to the house of the first petitioner and questioned about the same, the petitioners attacked them, abused them in filthy language and also threatened them with dire consequences. Hence, the case. 2/6

3. When the matter is taken up today, the learned counsel appearing for the petitioners seeks permission of this Court to withdraw this petition as far as the first petitioner is concerned and he has also made an endorsement to that effect. Hence, this petition is dismissed as withdrawn as against the first petitioner concerned.

4. The learned counsel appearing for the petitioners would submit that the petitioners 2 and 3 are innocent and they have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioners 2 and 3.

5. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the offences committed by the petitioners are serious in nature.

6. Considering the facts and circumstances of the case and also the nature of the allegations levelled against the petitioners 2 and 3, this Court is inclined to grant anticipatory bail to the petitioners 2 and 3 subject to certain conditions.

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7. Accordingly, the petitioners 2 and 3 are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners 2 and 3 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 the learned Judicial Magistrate, Melur, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

[a]the petitioners 2 and 3 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 petitioners 2 and 3 shall report before the respondent police once in a month i.e., on the first day of every English calendar month at 10.30 a.m., until further orders;

[c]the petitioners 2 and 3 shall not tamper with the evidence or witness either during investigation or trial; [d]the petitioners 2 and 3 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 2 and 3 in accordance with law as if the conditions have been 4/6

imposed and the petitioners 2 and 3 are 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.

(R V J) 20.05.2026 CSM TO 1.The Judicial Magistrate, Melur.

2.The Inspector of Police, Keelavalavu Police Station, Madurai.

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

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R.VIJAYAKUMAR,J CSM

ORDER

IN CRL OP(MD) No.9508 of 2026 Date : 20/05/2026 6/6