Annathavasi v. State Of Tamilnadu Rep By Inspector Of Police, Uthapanaickanur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Annathavasi, S/o.Ochu 2.Thangapandi @ Aravinth, S/o.Ochu 3.Naveena, W/o.Annathavasi 4.Sasikala, W/o.Jayaprakash ... Petitioners/A1 to A4 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Uthappanaickanur Police Station, Madurai District.

(Crime No.78 of 2025) ... Respondent/Complainant For Petitioners : Mr.Arun, Advocate 1/6

For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime.No.78 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) and 324(2) of BNS, 2023 r/w. Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act in Crime.No.78 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the 1st accused is the husband of the defacto complainant's second daughter. It is alleged that the accused demanded dowry from the de-facto complainant, and on 15.06.2025, the accused assaulted the de-facto complainant using filthy language, thereby causing injuries. Further, the 1st accused is said to have intentionally rammed the de-facto complainant's motorcycle with the car by driving in a rash manner. Hence, the present case. 2/6

3. The learned counsel for the petitioners submitted that this is a case, case in counter. The petitioners are innocent persons and have not committed any offence as alleged by the prosecution. In fact, it was the de-facto complainant who assaulted the petitioners using filthy language, thereby causing injuries. Subsequently, a case has also been registered by the 3rd petitioner against the de-facto complainant in Crime No.79 of 2025 on the file of the respondent police. He further submitted that due to a road accident, the 1st accused underwent surgery on his left leg and is currently unable to stand or walk. He, however, submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that it is a case, case in counter. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also taking note of the fact that it is a case, case in counter, and that the injured has been discharged from the hospital, and that as the date of occurrence is 15.06.2025, by this time most 3/6

of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Usilampatti, Madurai 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.

II, Usilampatti, Madurai District and on further conditions that: (a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate No.II, Usilampatti, Madurai District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.

required for the interrogation, and the 2nd, 3rd and 4th petitioners shall report before the respondent police daily at 10.30 a.m. until further orders; (d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall not abscond either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned 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 themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

Sd/- 10.07.2025 // True Copy // / /2025 Sub Assistant Registrar(CS) Madurai Bench of Madras High Court mkn 5/6

TO 1.The Judicial Magistrate No.II, Usilampatti, Madurai District.

2.Do Through The Chief Judicial Magistrate, Usilampatti, Madurai District.

3.The Inspector of Police, Uthappanaickanur Police Station, Madurai District.

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

+1 cc to M/S.B.Arun SR-7421 dated 11.07.2025

ORDER

IN CRL OP(MD) No.10726 of 2025 Date : 10/07/2025 JJ/23.07.2025 6P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6