Kasinathan v. State Of Tamilnadu Rep By Inspector Of Police, Nagamalai Pudukottai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.12.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD) No.21623 of 2025 1.Kasinathan 2.Selvam 3.Rathinam 4.Gopala Krishnan 5.Jeyapandi 6.Muniyammal (P2 to P6 already granted anticipatory bail by order dated 27.11.2025) ... Petitioners Vs.
1. The State of Tamilnadu, Represented through its, The Inspector of Police, Nagamalai, Pudukottai Police Station Madurai District.
Cr. No. 298 of 2025.
2. Mrs.Agasthiya, D/o.Samy, D.No.439, 4th Street, MKB Nagar, Viyasarpadi, Chennai (R-2 is suo motu impleaded vide Court order dated 27.112025 in Crl.O.P.(MD)No.21623 of 2025) ... Respondents 1/6
For Petitioners : Mr.S.Muthiah Poosari Amalan For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.298 of 2025 on the file of the respondent police.
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 296(b), 115(2), 351(2) and 303(2) of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.298 of 2025, seek anticipatory bail.
2. The case of the prosecution is that due to a wordy quarrel, the petitioners attacked the defacto complainant, due to which, the defacto complainant sustained injury. Hence, the case. 2/6
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submits that the petitioners 2 to 6 had already been granted anticipatory bail by this Court dated 27.11.2025. He further submitted that as per the order of this Court, the first petitioner has appeared before the Mediation, but, the defacto complainant did not appear. Hence, he prays for grant of anticipatory bail to the 1st petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the offences committed by the petitioners are serious in nature. He further submitted that the second petitioner has one previous case and the other petitioners have no previous cases.
5. Inspite of notice issued to the defacto complainant, she did not appear before the Mediation.
6. Taking into consideration of the facts and circumstances of the case and also considering the fact that that this Court had already granted anticipatory bail to the 2nd petitioner on 11.12.2025, that there was matrimonial dispute and that petitioners and the defacto complainant are relatives and since 3/6
the 1st petitioner has complied with the conditions imposed in the interim anticipatory bail regularly, the interim anticipatory bail already granted is made absolute and this Court is inclined to grant anticipatory bail to the 1st petitioner, with certain conditions.
7. Accordingly, this Petition is allowed and the 1st petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.VI, Madurai, on condition that the 1st 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the 1st 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 1st petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.
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(c) the 1st petitioner shall not tamper with evidence or witness either during investigation or trial;
(d) the 1st 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 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; (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.
18.12.2025 LS To 1.The Judicial Magistrate No.VI, Madurai.
2.The Inspector of Police, Nagamalai, Pudukottai Police Station Madurai District.
3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.
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S.SRIMATHY,J LS
ORDER
IN CRL OP(MD) No.21623 of 2025 Date : 18.12.2025 6/6