Selvam v. State Of Tamilnadu Rep By Inspector Of Police, Thallakulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.11.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Selvam ... Petitioner/Accused No.1 Vs The State of Tamil Nadu Rep. by, the Inspector of Police, Thallakulam Police Station, Madurai District.

(Crime No.1108 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.Lenin For Respondent : Mr.E.Antony Shaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.1108 of 2025 on the file of the Respondent Police.

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 4 of TNPHW Act r/w 115(2), 296(b), 351(2) of BNS, 2023, in Crime No. 1108 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/4

2. The case of the prosecution is that the defacto complainant is a transgender. On 18.11.2025, the petitioner was driving his auto near PP Kulam, while the defacto complainant was riding a motorcycle and while overtaking the auto, a wordy quarrel arose between the defacto complainant due to which the petitioner abused the defacto complainant and criminally intimidated her with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there is one previous case pending against the petitioner and the investigation is almost completed. He further submitted that the co-accused was already granted anticipatory bail. However, he opposed for grant of anticipatory bail to the petitioner.

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5. Considering the facts and circumstances of the case, and inspite of the petitioner is having one previous case, considering the nature of offence, and also considering the fact that the co-accused was already granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 Judicial Magistrate No.II, Madurai, within a period of fifteen days from the date of receipt of a copy of this order and on further 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;

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S.SRIMATHY, J.

PJL [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.

28.11.2025 PJL To 1.The Judicial Magistrate No.II, Madurai.

2.The Inspector of Police, Thallakulam Police Station, Madurai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/4