Vanumamalai v. State Of Tamilnadu Rep By Inspector Of Police, Eruvadi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.22591 of 2025 1.Vanumamalai 2.Arumugam ... Petitioners /Accused Rank Not Known

Versus

The State of Tamilnadu, Rep by the Inspector of Police, Ervadi Police Station, Tirunelveli District.

(Crime No.345 of 2025) ... Respondent/Complainant For Petitioners :

Mr.C.Susikumar, Advocate For Respondent :

Mr.S.S.Manoj, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.345 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 351(3) of the BNS, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act @ Sections 296(b), 131 and 351(3) of the BNS, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, seek anticipatory bail.

2. The case of the prosecution is that on 27.11.2025 at about 20.00 hours, while the defacto complainant was standing near a tea stall, the accused persons abused him in filthy language, assaulted him with their hands, and threatened him with dire consequences. Hence, the case.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

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

for the respondent police, submitted that the first petitioner has four previous cases and the second petitioner has no previous cases. Therefore, he opposed the grant of anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering the antecedents of the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Nanguneri, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the petitioners and the sureties shall affix their 3/6

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 report before the respondent police daily at 10.30 a.m. until further orders and the second petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation. They have to co-operate for the investigation;

(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 petitioner 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 4/6

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.

(S S Y J) 10.12.2025 pal To 1.The Judicial Magistrate Court, Nanguneri.

2.The Inspector of Police, Ervadi Police Station, Tirunelveli District.

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

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S.SRIMATHY,J.

pal

ORDER

IN CRL OP(MD) No.22591 of 2025 Date : 10.12.2025 6/6