Mariyappan v. The State Of Tamilnadu, Rep. By, The Inspector Of Police, Sivagiri Police Station,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.11.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY CRL OP(MD)No.20013 of 2025
1. Mariyappan
2. Thalak ... Petitioners/ Accused Vs The State of Tamil Nadu Represented by the Inspector of Police, Sivagiri Police Station, Tenkasi District.
(Crime No.463 of 2025) ... Respondent For Petitioners : Mr.P.Ponraj For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act 2023.
PRAYER :-For Anticipatory Bail in Crime No.463 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 329(3), 296(b), 324(4) and 351(2) of BNS, in Crime No.463 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the 1st petitioner had executed a deed in favour of the defacto complainant about 25 years ago. Subsequently, the 1st petitioner filed a suit, which was dismissed. Thereafter, the petitioners had threatened the defacto complainant with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners. 2/6
4. The learned Government Advocate (Crl.Side) submitted that there is no previous case pending against the 1st petitioner and one previous case pending against the 2nd petitioner. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact that no one was sustained injuries, 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 separate 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, Sivagiri, Tenkasi District, within a period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar card or bank pass book to ensure their identity; 3/6
[b] the petitioners shall report before the learned Judicial Magistrate, Sivagiri, Tenkasi District, as and when required.
[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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
(S S Y J) 13.11.2025 msrm 4/6
To 1.The learned Judicial Magistrate, Sivagiri, Tenkasi District.
2.The Inspector of Police, Sivagiri Police Station, Tenkasi District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J msrm
ORDER
IN 13.11.2025 6/6