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Madras High CourtCRL OP(MD)/12484/2025allowed

Mahesh v. The State Of Tamilnadu Rep By

2025-07-25Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Mahesh, S/o.Chandran 2.Ranjith, S/o.Mahesh 3.Rathika, W/o.Mahesh ... Petitioners/A1 to A3 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

(Crime No.194 of 2025) ... Respondent/Complainant For Petitioners : Mr.B.Michael Sebastin, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.194 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 351

(3) of IPC in Crime No.194 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant's daughter conducts tuition classes for school children at their home. On 14.07.2025, at about 9.00 p.m., during tuition hours, the 1st petitioner parked his vehicle in front of the defacto complainant's house and started shouting over the phone. When the de-facto complainant's daughter questioned him, the 1st petitioner abused her using filthy language and assaulted her. The 2nd and 3rd petitioners also came there and attacked the de-facto complainant and his family members. Hence, the present case has been registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, and have not committed any offence as alleged by the prosecution. Due to previous enmity between the petitioners' family and the defacto complainant's family, a false case has been registered against the petitioners. 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 for the 2/5

petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused persons in this case. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also taking note of the fact that the injured has been discharged from the hospital, and that as the date of occurrence is 14.07.2025, by this time the material part 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 arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari 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 the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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(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.I, Nagercoil, Kanyakumari District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.I, Nagercoil, Kanyakumari District; (c) the 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; 4/5

(g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 25/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate No.I, Nagercoil, Kanyakumari District.

2.Do Through The Chief Judicial Magistrate, Kanyakumari District at Nagercoil.

3.The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

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

ORDER IN CRL OP(MD) No.12484 of 2025 Date :25/07/2025 SBN/14.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5