Prema v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 14934 of 2025 1.Prema 2.Petchiyammal ..Petitioners/A2 & A3 Vs State Of Tamilnadu, Rep By The Inspector Of Police, Thisayanvilai Police Station, Tirunelveli District.
(Crime No.558 of 2025) Respondent(s) For Petitioner(s):
Mr.Lenin Kumar For Respondent(s):
Mr.A.S.Abul Kalaam Azad Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.558 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners/A2 and A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023, in Crime No.558 of 2025 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that on 19.08.2025, due to previous dispute, the petitioners abused the defacto complainant in filthy language and also assaulted him with hands and also threatened him with dire consequences. Hence, a case was registered.
3. The learned counsel appearing for the petitioners submitted that it is a case in 2/8
counter case. He further submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. 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.
4. The learned Government Advocate (Crl. side) submitted that there are no previous cases registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that there are no previous cases pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to 3/8
certain conditions.
6. Accordingly, this petition is allowed and 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Radhapuram, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with 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 Judicial Magistrate, Radhapuram, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
(a) the petitioners and the sureties shall affix their photographs and left thumb impression 4/8
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 Judicial Magistrate, Radhapuram. In the event of any change in their residential address, the petitioners shall report the same to the Judicial Magistrate, Radhapuram;
(c) the first petitioner shall stay at Tirunelveli and appear and report before the Inspector of Police, Palayamkottai Town Police Station, Tirunelveli City, daily at 05.30 p.m., until further orders and the second petitioner 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;
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(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 Kerala [(2005) AIR SCW 5560] and;
(g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
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To 1.The Judicial Magistrate, Radhapuram.
2.The Inspector Of Police, Thisayanvilai Police Station, Tirunelveli District.
3.The Inspector of Police, Palayamkottai Town Police Station, Tirunelveli City.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.14934 of 2025 Date : 10.09.2025 8/8