Palanivelu v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.09.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY

1. Palanivelu

2. Monika

3. Mahalakshmi

4. Hariharan ... Petitioners/ Accused rank not known Vs The State Represented by The Inspector of Police, Vellanur Police Station, Pudukkottai District.

(Cr.No.101 of 2025) ... Respondent/Complainant For Petitioners : Mr.V.Selvakumar For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.101 of 2025 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296 (b), 323, 115 (2), 118 (1), 351 (3) of the Bharatiya Nyaya Sanhita (BNS) 2023 and r/w.4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.101 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant gave a complaint before the respondent police that on 16.08.2025 at about 07.50 a.m, the accused persons came to the house of the defact complainant, abused her in filthy language and assaulted her with brick and wooden logs, thereby causing injuries. Hence, the present case.

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. He further submitted that there is no previous case pending against these petitioners. He further submitted that the petitioners are ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the case in counter and the victim has been discharged from hospital and the investigation is 2/5

almost completed and there is no previous case pending against these petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the victim has been discharged from hospital and the investigation has 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 Judicial Magistrate II, Pudukkottai District, on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 Judicial Magistrate No. II, Pudukkottai 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 his residential address 3/5

and mobile number to the learned the Judicial Magistrate No. II, Pudukkottai District. In the event of any change in his residential address, the petitioners shall report the same to the learned the Judicial Magistrate II, Pudukkottai District; (c) the petitioners 1 and 4 shall report before the respondent police daily at 10.30 a.m for a period of 15 days and thereafter as and when required for interrogation. Further, the petitioners 2 and 3 shall report before the respondent police as and when required for interrogation. (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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of 4/5

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/- 01/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ebsi TO

1. The Judicial Magistrate No.II, Pudukkottai District

2. The Inspector of Police, Vellanur Police Station, Pudukkottai District.

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

ORDER

IN CRL OP(MD) No.14332 of 2025 Date :01/09/2025 SBN/11.09.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5