Velsamy v. State Of Tamilnadu Rep By Inspector Of Police, Thoothukudi South

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Velsamy

2. Kaliammanl ... Petitioners/Accused Vs State of Tamilnadu Rep by In, Spector of Police, Thoothukudi South, Police Station, Thoothukudi District.

Crime No.877/2025.. ... Respondent/Complainant For Petitioners : Mr. S.Vishnuvardhan Advocate.

For Respondent : Mr.S.S. Manoj Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.877/2025 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 140(1) and 351(3) of BNS, 2023 in Crime No.877 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to money dispute, the son of the first petitioner kidnapped the defacto complainant's brother and threatened him with dire consequences. Hence, the complaint.

3. The learned Government Advocate (Crl. side) submits that the co-accused have already released on bail and that there is no previous case pending against the petitioners and the investigation of case is pending.

4. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent police.

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5. Considering the facts and circumstances of the case and also the fact that co-accused have already released on bail and that there is no previous case pending against the petitoners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, 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 learned Judicial Magistrate No.I, Thoothukudi, within a period of fifteen days from the date on which the order copy is made ready 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 first petitioner shall report before the 3/6

respondent police daily at 10.00 am for a period of three weeks and thereafter, as and when required for interrogation; the 2nd petitioner shall appear before the respondent Police as and when required for interrogation.

[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.

[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 4/6

[(2005)AIR SCW 5560].

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

(S S Y J) 11.12.2025 TRP TO

1. Judicial Magistrate No.I, Thoothukudi,

2. The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.22760 of 2025 Date : 11/12/2025 6/6