Kottaimalai v. State Of Tamilnadu Rep By Inspector Of Police, Srivilliputhur Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL

1. R.Kottaimalai ... Petitioner/A1

2. R.Chandrasekar

3. S.Muneeswaran

4. V.Siva ... Petitioners/Accused Rank Not Known Vs State of Tamilnadu Rep by, The Inspector of Police, Srivilliputhur Town, Srivilliputhur Town Police Station, Virudhunagar District.

(Crime No. 258 of 2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 258 of 2026 on the file of the respondent police.

For Petitioners : G.R. Satish, Advocate.

For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the 1/6

respondent for the offences punishable under Sections 329, 296(b), 115(2), 351(2) of BNS, 2023, and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.258 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant borrowed a sum of Rs.1,50,000/- from the first petitioner. Thereafter, he repaid the amount of Rs.1 lakh and failed to pay the balance amount of Rs.50,000/-. Thereby, the accused persons trespassed into the house of the defacto complainant and abused him in filthy language and assaulted him and his wife and threatened them with dire consequences. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. He would further submit that the injured were discharged from the hospital and no previous case is pending against the petitioners. Hence, he prays to grant anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. Side) would submit that there is a money dispute between the parties and the investigation is still pending. Hence, he opposes to grant anticipatory bail to the petitioners. He would further submit that the injured were discharged from the hospital and though the petitioners have 1 previous case and the same was already disposed of and as on date, no previous case is pending against the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioners, and there is a money dispute between the parties and the injured were discharged from the hospital and as on date, no previous case is pending against the petitioners, 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, 3/6

within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District, 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 Judicial Magistrate concerned and on further conditions that:

[b] the petitioners shall report before the respondent police, every Saturday at 10.30 a.m. for a period of 4 weeks, and thereafter as and when required for the 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 4/6

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) 05.06.2026 dss To 1.The Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District.

2.The Inspector of Police, Srivilliputhur Town, Srivilliputhur Town Police Station, Virudhunagar District.

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

P. DHANABAL,J dss 5/6

ORDER

IN CRL OP(MD) No.10300 of 2026 Date : 05/06/2026 6/6