Gopalsamy v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :06.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.16786 of 2025 1.Gopalsamy 2.Meena .. Petitioners/Accused 1 & 2 Vs The State of Tamil Nadu, Rep., by, the Inspector of Police, Pavoorchathiram Police Station, Tenkasi District.
(Crime No.412 of 2025) ... Respondent/Complainant For Petitioners : Mr.R.Mathava Selvam For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.412 of 2025 on the file of the Respondent Police.
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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), 115(2) and 351(3) of BNS in Crime No.412 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to previous motive, a wordy quarrel arose between the petitioners and the defacto complainant and the petitioners abused filthy language and criminally intimidated him with dire consequences and caused injuries. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are husband and wife and due to previous motive, a false case has been foisted against them and the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
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4. The learned Additional Public Prosecutor submitted that there is no injured at all and there is no previous case pending against the petitioners and the investigation is almost completed and the victim was treated as outpatient. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact that the investigation has been almost completed and the victim treated as out patient, and since it seems to be a case and case in counter, 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, on condition that each of the petitioner 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 learned Judicial Magistrate, Tenkasi, within a period of fifteen days from the date of receipt of a copy of this order, failing which, the petition for anticipatory bail shall stand dismissed and on further 3/6
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 Aadhaar card or bank pass book to ensure their identity; [b] the petitioners shall report before the respondent police as and when required for interrogation [c] the petitioners shall not tamper with the evidence or witness either during investigation or trial; [d] the petitioners shall not abscond either during investigation or trial;
[e] 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 are 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];
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
06.10.2025 PJL To 1.The Judicial Magistrate, Tenkasi.
2.The Inspector of Police, Pavoorchathiram Police Station, Tenkasi District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J PJL CRL OP(MD) No.16786 of 2025 06.10.2025 6/6