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Madras High CourtCRL OP(MD)/21944/2025partly allowed

Annasamy v. State Of Tamilnadu Rep By Inspector Of Police,

2026-01-02Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/01/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Annasamy,

2. Bharathiraja,

3. Revathi, ... Petitioners Vs State of Tamilnadu Rep by In, Spector of Police,, Thiruvidamaruthur Aw Police Station, Thanjavur District.

Crime No. 57/2025 (Amended as Per order of this Court dated 18.12.2025).

... Respondent Petition filed under Section 482 BNSS.

PRAYER :- For Anticipatory Bail in Crime No.57 of 2025 on the file of the Respondent Police.

For Petitioners : Mr.R.Kabilan, Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) 1/6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 74, 85, 131 and 351(2) BNS, in Crime No.57 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner is the father-in-law of the defacto complainant and the second petitioner is the paramour of the first petitioner and the third petitioner is the brother-inlaw of the defacto complainant. The first petitioner is giving sexual harassment to the defacto complainant and the petitioners 2 and 3 have abused the defacto complainant in filthy language and criminally intimidated her. Hence, the complaint.

3. The learned counsel for the petitioners 2 and 3 submitted that the respondent police had already arrested the first petitioner and he is in prison. He further submitted that the petitioners 2 and 3 are innocent persons and they have not committed any offences as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioners 2 and 3. 2/6

4. The learned Government Advocate (Criminal Side) submitted that the first petitioner had been arrested and remanded to judicial custody on 08.12.2025 and due to family dispute, the petitioners 2 and 3 have abused the defacto complainant in filthy language and criminally intimidated her. However, he opposed for grant of anticipatory bail.

5. Since the first petitioner had already been arrested, this Petition is dismissed insofar as the first petitioner is concerned. Considering the facts and circumstances of the case and also the fact that there was a family dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioners 2 and 3, subject to certain conditions. 6.Accordingly, this Petition is allowed insofar as the petitioners 2 and 3 are concerned and the petitioners 2 and 3 are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners 2 and 3 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 Judicial Magistrate, Thiruvidaimaruthur, within a period of fifteen days from the date of receipt of a copy of this order and 3/6

on further conditions that:

[a]the petitioners 2 and 3 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 petitioners 2 and 3 shall report before the respondent police as and when required for interrogation; [c]the petitioners 2 and 3 shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners 2 and 3 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 2 and 3 are 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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

02.01.2026 LS TO

1. The Judicial Magistrate, Thiruvidaimaruthur.

2. The Inspector of Police, Thiruvidamaruthur AWPS, Thanjavur 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.21944 of 2025 Date : 02/01/2026 6/6