Ayyavu v. State Of Tamilnadu Rep By Inspector Of Police, Thiruvonam
CRL OP(MD) NO. 15466 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19-09-2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 15466 of 2025
1. Ayyavu
2. Mathiyalagan
3. Arulmurugan Petitioner(s) Vs State Of Tamilnadu Rep By Inspector Of Police, Thiruvonam Police Station, Thanjavur District. (CrimeNo. 174 of 2025) Respondent(s) For Petitioner(s):
Mr.M. Arul For Respondent(s):
Mr.A.S.Abul Kalaam Azad, Government Advocate (crl. Side) Prayer: For Anticipatory Bail in Crime No. 174 of 2025 on the file of the respondent Police.
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 296(b), 115(2), 351(2) and 74 of BNS 2023, [corresponding sections of 294(b), 323, 506(ii) and 354 of IPC], seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant and accused persons are family members. Due to money dispute between the parties, the petitioners abused the defacto complainant by using filthy languages and threatened with dire consequences. Hence, a case has been registered.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocents persons and they did not commit any offence as alleged by the prosecution.
4. The learned Government Advocate(Crl.side) appearing for the respondent Police submits that the injured was discharged from the hospital.
5. Considering the facts of the case and nature of offence and also considering the fact that the injured discharged from the hospital, this Court is not inclined to grant anticipatory bail to the petitioners.
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 of receipt of a copy of this order, before the learned Judicial Magistrate, Orathanadu, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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, Orathanadu, 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 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 and mobile number to the learned Judicial Magistrate, Orathanadu. In the event of any change in his residential address, the petitioners shall report the same to the learned Judicial Magistrat , Orathanadu; (c) the 3rd petitioner shall appear before the respondent police on every Sunday at 10.30 a.m. and the 1st and 2nd petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as on when required for investigation; (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 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.
[S.S.Y. J] 01-09-2025 KSA To
1. The Judicial Magistrate Court, Orathanadu.
2. The Inspector Of Police, Thiruvonam Police Station, Thanjavur District.
3. The Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
S.SRIMATHY, J, KSA Order made in Crl.O.P(MD)No.15466 of 2025 01.09.2025