Thamaraikannan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 17813 of 2025 1.Thamaraikannan 2.Murugesh ..Petitioners Vs State Of Tamilnadu, Rep By The Inspector Of Police, Manur Police Station, Tirunelveli District.

(Crime No.1023 of 2025) Respondent(s) For Petitioner(s):

Mr.P.Veerapandi For Respondent(s):

Mr.S.S.Manoj Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.1023 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), 118(1) and 351(3) of BNS,2023, in Crime No.1023 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to previous money dispute betwee the petitioners and the defacto complainant, on 10.10.2025, the petitioners abused the defacto complainant in filthy language and attacked her with hands and threatened her with dire consequences. Hence, a case was registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any 2/8

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 the second petitioner has not been arrayed as accused in this case. He further submitted that the first petitioner is a history sheeter and there are five previous cases pending against the first petitioner. He further submitted that the injured person has been discharged from the hospital. However, he opposed to grant anticipatory bail to the first petitioner.

5.Recording the submission of the learned Government Advocate (Crl. side) for the respondent Police that the second petitioner has 3/8

not been arrayed as accused, this Criminal Original Petition is closed in respect of the second petitioner.

6. Insofar as the first petitioner is concerned, taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the first petitioner, subject to certain conditions.

7. Accordingly, this petition is partly allowed and the first petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.V, Tirunelveli, on condition that the first 4/8

petitioner 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 learned Judicial Magistrate No.V, Tirunelveli, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the first petitioner 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 first petitioner shall furnish her residential address and mobile number to the learned Judicial Magistrate No.V, Tirunelveli. In the event of any change in her residential address, the second petitioner shall report the 5/8

same to the learned Judicial Magistrate No.V, Tirunelveli;

(c) the first petitioner shall report before the respondent police daily Morning and Evening at 10.30 a.m and 05.30 p.m., until further orders;

(d) the first petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the first petitioner 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 first petitioner in accordance with law as if the conditions have been imposed and the second 6/8

petitioner 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/first petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

17.10.2025 vsg To 1.The learned Judicial Magistrate No.V, Tirunelveli.

2.The Inspector Of Police, Manur Police Station, Tirunelveli District.

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

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.17813 of 2025 Date : 17.10.2025 8/8