Karsha v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.11.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.20653 of 2025 Karsha ... Petitioner Vs.

The State of Tamil Nadu represented by, Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

(Crime No.135 of 2025) ... Respondent For Petitioners : Mr.K.Rajendran For Respondent : Mr.E.Antony Sahaya Prabhahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.135 of 2025 on the file of the respondent police.

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ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 194 of BNSS which was subsequently altered into Section 108 of BNS in Crime No.135 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the deceased Balakrishnan was married to Shobana of the same village and was living there. The said Balakrishnan had availed loans in the name of Lakshmi Kadatcham G from an establishment functioning at Srinivasapuram, Pattukkottai. Nadiamman Koil Street. The total loan amount was Rs. 1,26,000 (Rupees One Lakh Twenty-Six Thousand), out of which Rs.22,640/- had been repaid. In these circumstances on 09.05.2025 around 05.00 p.m.

, the petitioner who is engaged as collection agent for the said finance company, had come to the house of Balakrishnan for recovery. Since there was no cash in hand, Balakrishnan informed her accordingly. However, the petitioner stayed in front of the house for about two hours, till around 7.00 p.m., and used abusive and humiliating language towards Balakrishnan. Deeply distressed and humiliated by this incident, Balakrishnan went into depression and committed suicide by hanging himself early in the morning. Hence, the apprehension of arrest.

registered as against the petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the offences committed by the petitioner are serious in nature. 5.Considering the fact that the petitioner is only a collection agent, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that 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 District Munsif Cum Judicial Magistrate, Peravurani, Thanjavur District, within a period of fifteen days from the date on which the order copy made ready and on further 3/6

conditions that:

[a]the 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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.

19.11.2025 TMG 4/6

TO

1. District Munsif Cum Judicial Magistrate, Peravurani, Thanjavur District.

2. The Inspector of Police, Sethubavachathiram Police Station, Thanjavur District.

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

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.20653 of 2025 Date : 19.11.2025 6/6