J.Akash v. State Of Tamilnadu Rep By Inspector Of Police, Tirunelveli Taluk
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.11.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY J.Akash ... Petitioner / Accused No.1 Vs The State of Tamil Nadu, Rep By The Sub Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.
(Crime No.674 of 2025) ... Respondent/Complainant For Petitioner : Mr.V.M.Jegadeesh Pandian, Advocate For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.674 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 Sections 329(4), 296(b), 131, 351(3) BNS r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.674 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and the defacto complainant were in love affair and thereafter, they did not continue. However, the petitioner tortured the defacto complainant over phone to continue their relationship and threatened the mother of the defacto complainant and abused her family in filthy language. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he is in no way connected with this crime. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing 2/7
for the respondent-Police would submit that Accused No.2 was granted station bail. He would further submit that there is no previous case pending against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Today, the learned counsel appearing for the petitioner on instructions would submit that the petitioner undertakes to file an affidavit before this Court stating that he will not disturb or contact the defacto complainant or her family.
6. Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court No.III, Tirunelveli, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 3/7
with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the Judicial Magistrate Court No.III, Tirunelveli, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank pass Book to ensure their identity;
(b) the 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 for interrogation; (c) the petitioner is directed to file an undertaking affidavit stating that he will not disturb or contact the defacto complainant or her family;
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(d) the petitioner shall not enter into the house or college of the defacto complainant;
(e) the petitioner shall not tamper with evidence or witness either during investigation or trial; (f) the petitioner shall not abscond either during investigation or trial;
(g) 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 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;
(h) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 28.11.2025 TSG 5/7
To
1. The Judicial Magistrate Court No.III, Tirunelveli District. 2.The Inspector of Police, Tirunelveli Talu Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J.
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ORDER
IN CRL OP(MD) No.21799 of 2025 Date : 28.11.2025 7/7