D.Venkatesh Babu v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Vadakarai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. D.Venkatesh Babu

2. J.Vanitha

3. K.Ramah

4. S.Sureshkumar ... Petitioners Vs State of Tamilnadu Rep by The Sub Inspector of Police, Vadakarai Police Station, Periyakulam, Theni District.

(Crime No.399/2025).

... Respondent/Complainant For Petitioners : R.Saravanan, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-33 AB. For Anticipatory Bail in Crime No. 399/2025 on the file of the respondent Police. 1/6

ORDER : The Court made the following order :- Since the learned counsel for the petitioners stated that he has wrongly mentioned the offence, the corrected sections are amended in this order. The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 351(2) of BNS, 2023, r/w Section 4 of Women Harassment Act, in Crime No.399 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused persons have trespassed into the house of the defacto complainant and abused her in filthy language and attacked her and forced to withdraw the civil case. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are relatives and the petitioners are innocent persons and they have not 2/6

committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that it is a land dispute between the parties and already a suit is pending, hence, the petitioners threatened the defacto complainant to withdraw the suit. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also the fact that it is a civil dispute between the parties and also considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on 3/6

their appearance, on condition that each of the petitioner shall execute a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) with single sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Periyakulam, within a period of fifteen days from the date of receipt of a copy of this order 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 petitioners shall report before the respondent police at 10.30 a.m., for two days alone, and thereafter, as and when required;

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial;

[d]the petitioners shall not abscond either during investigation or trial;

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[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 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];

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

05.12.2025 PJL TO

1. The Judicial Magistrate, Periyakulam.

2. Do-Through The Chief Judicial Magistrate, Theni District.

3. The Sub Inspector of Police, Vadakarai Police Station, Periyakulam,Theni District.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.22368 of 2025 Date : 05/12/2025 6/6