← Library
Madras High CourtCRL OP(MD)/23016/2025granted

Balakrishnan, v. State Of Tamilnadu Rep By Inspector Of Police, Kanyakumari

2026-01-22Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.01.2026 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY

1. Balakrishnan

2. Murugesan

3. Rethinamani ... Petitioners Vs The State of Tamil Nadu, Rep By The Inspector of Police, Kanyakumari Police Station, Kanyakumari, Kanyakukmari District.

(Crime No. 473 of 2025) ... Respondent [crime number is amended vide order of this Court dated 09.01.2026] For Petitioners : Mr.S.Palanivelayutham For Respondent : Mr.S.S.Manoj, Government Advocate (crl. side) PRAYER :- For Anticipatory Bail in Cr.No. 473 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 329(4), 115(2), 324(4) and 351(3) of BNS Act, in Crime No.473 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to matrimonial dispute the accused persons harassed the defacto complainant. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are an innocent person and they are 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, they seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (crl. side) appearing for the respondent Police submitted that the offence committed by the petitioners are serious in nature.

2/6

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with stringent condition.

6.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) with two sureties each for a like sum to the satisfaction of the learned Additional Mahila Court, Magistrate Level, Kanyakumari District, 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 petitioners are directed to deposit Rs.15,000/-to the credit of crime number and thereafter the same shall be deposited in anyone of the 3/6

nationalised bank in interest accruing deposit. [c] the petitioners shall report before the respondent police as and when required for interrogation.

[d]the petitioners shall not visit the defacto complainant in her house and in any other public places.

[e] the petitioners shall not tamper with the evidence or witness either during investigation or trial. [f]the petitioner shall not abscond either during investigation or trial.

[g]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 petitioner is 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].

4/6

[h]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 22.01.2026 KSA To

1. The Inspector of Police, Kanyakumari Police Station, Kanyakumari, Kanyakukmari District.

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

5/6

S.SRIMATHY, J.

KSA

ORDER

IN CRL OP(MD) No. 23016 of 2025 Date : 22.01.2026 6/6