Rajan v. State Of Tamilnadu Rep By Inspector Of Police, Puthukadai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.12.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.21755 of 2025
1. Rajan
2. Mary Suni ... Petitioners Vs.
The State of Tamil Nadu Represented by, The Sub- inspector of Police, Pathukadai Police Station, Kanyakumari District.
(Crime No.398 of 2025) ... Respondent For Petitioners : Mr.R.Russel Raj For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.398 of 2025 on the file of the respondent police.
1/5
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) and 351(2) of BNS, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.398 of 2025, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that on 30.10.2025 at about 10.30 a.m., due to previous enmity, the petitioners scolded the defacto-complainant using filthy language, threatened her with dire consequences, and committed acts amounting to harassment. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioners. 3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners. Further, the 1st petitioner is the husband and the 2nd petitioner is the wife.
4.The learned Government Advocate (Crl. side) appearing for the 2/5
respondent submitted that the offences committed by the petitioners are serious in nature. Further, there is no previous case against the petitioners. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with 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 the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Learned Judicial Magistrate No. 2, Kuzhithurai, Kanyakumari District, within a period of fifteen days from the date on which the order copy made ready 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. [b]the 1st petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one week and thereafter, as and when required. The 2nd petitioner shall report before the respondent police as and when required. [c]the petitioners shall not tamper with the evidence or witness either 3/5
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 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.
08.12.2025 TMG TO
1. Judicial Magistrate No. 2, Kuzhithurai, Kanyakumari District.
2.Sub- inspector of Police, Pathukadai Police Station, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.
4/5
S.SRIMATHY,J TMG
ORDER
IN CRL OP(MD) No.21755 of 2025 Date : 08.12.2025 5/5