Asai Thambi, v. State Of Tamilnadu Rep By Inspector Of Police, Cheranmahadevi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.11.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY 1.Asai Thambi 2.Mukesh Raja ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli.

... Respondent/Complainant (Crime No.466 of 2025) For Petitioners : Mr.P.Samuel Gunasingh, Advocate For Respondent : Mr.A.S.Abul Kalaam Azd, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.466 of 2025 on the file of the respondent police.

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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) BNS and later altered into Sections 296(b), 351(2) BNS and Section 4 of TNPHW Act in Crime No.466 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel arose between the petitioners and the defacto complainant, the petitioners herein abused the defacto complainant in filthy language and also threatened him. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and that they are in no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seek anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing 2/6

for the respondent-Police would submit that the first petitioner is having 11 previous cases and the second petitioner is having five previous cases. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the nature of offence, 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, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court, Cheranmahadevi, on condition that each of 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 respondent police or the police officer who intends to arrest or to the satisfaction of the Judicial Magistrate Court, Cheranmahadevi, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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(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 Aadhar card or Bank pass Book to ensure their identity;

(b) the first petitioner shall stay at Trichy and appear and sign before the Trichy Cantonment Police Station daily at 10.30 a.m., until further orders. The second petitioner shall appear and sign before the learned Judicial Magistrate, Cheranmahadevi daily at 10.30 a.m., until further orders; (c) the petitioners shall not tamper with evidence or witness either 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 petitioners 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;

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(f) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 28.11.2025 TSG To

1. The Judicial Magistrate, Cheranmahadevi.

2.The Inspector of Police, Cheranmahadevi Police Station, Tirunelveli.

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

S.SRIMATHY, J.

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TSG

ORDER

IN CRL OP(MD) No.21833 of 2025 Date : 28.11.2025 6/6