K Vembadayan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 10167 of 2026 1.K.Vembadayan 2.Rukmadhavan ... Petitioners Vs State of Tamil Nadu rep. by The Inspector of Police, Nagaiahpuram Police Station, Madurai District.

(Crime No.31 of 2026)

...Respondents/Complainant

For Petitioner : Mr.S.Balaji Advocate.

For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 31 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 318(4), 296(b), 351(3) of BNS, in 1/6

Crime No.197 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners borrowed a sum of Rs.3,50,000/- from the defacto complainant and they have returned only Rs.1,45,000/-. When the defacto complainant demanded the remaining amount, the petitioners abused him in filthy language and threatened him. Hence, the case.

3. The learned counsel for the petitioners submits that the petitioners are innocent and they were falsely implicated in this case and they are in no way connected in the above said incident. They have not committed any offence as alleged by the prosecution. Due to previous enmity, this complaint has been lodged. Hence, he prays to grant Anticipatory Bail to the petitioners.

4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. Due to the previous money dispute, the petitioners abused the defacto complainant. Nobody was injured in this case. The petitioners have no previous cases pending against them. Investigation is still pending. He vehemently opposed the grant of anticipatory bail to the 2/6

petitioners.

5.Heard the learned counsel on either side and perused the records.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioners, there is money dispute between the parties, nobody was injured in this case, there is no previous case against the petitioner, and also considering all the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Peraiyur, on condition that the petitioners 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 Magistrate concerned and on further condition that: [b] the petitioners shall report before the respondent police at 10.30 a.m., on every Saturday for a period of four weeks, thereafter 3/6

as and when required for interrogation;

[c] the petitioners shall not commit any offences of similar nature.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 04.06.2026 TM To 1.The District Munsif cum Judicial Magistrate, Peraiyur. 4/6

2.The Inspector of Police, Nagaiahpuram Police Station, Madurai District.

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

5/6

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 10167 of 2026 Date : 04.06.2026 6/6