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Madras High CourtCRL OP(MD)/22959/2025granted

John v. State Of Tamilnadu Rep By Inspector Of Police, Kadaiyalumoodu

2025-12-15Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY John ... Petitioner/Sole Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Kuzhithurai Police Station, Kanniyakumari District.

(Crime No.186 of 2025) ... Respondent/Complainant For Petitioner : Mr.P.Sonu Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.186 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections296(b), 351(2) and 75 of BNS, in Crime No.186 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that On 24.11.2025 at 10.30 a.m. the accused herein entered into the shop of the defacto complainant and asked her to share her number but she asked the petitioner to leave the shop. Thus the petitioner herein got wild, caught hold of the hand of the defacto complainant, abused her in filthy language and intimidated to do away her and her daughter. On intervention of the neighbours and relatives, the petitioner left the place. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, she seeks anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) opposed for grant of anticipatory bail to the petitioner.

5. The intention of the accused is not appropriate. On bare reading of the FIR shows that there is allegation under Section 4 of the Tamil Nadu Prohibition of Woman Harassment Act. But, the prosecution has not include the same. Hence, the respondent police is directed to include appropriate section under the Tamilnadu Prohibition of Woman Harassment Act. With this directions, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, this Petition is allowed with the above said direction to the prosecution and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Kuzhithurai, Kanniyakumari District on condition that the petitioner shall execute a bond for a sum of Rs. 10,000/-(Rupees Ten Thousand only) with two sureties, each for a like 3/6

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 petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks, thereafter as and when required for interrogation; [c] the petitioner shall not intimidate the defacto complainant and her family, shall not enter into the shop and home of the defacto complainant;

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

[f] 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 4/6

[(2005)AIR SCW 5560].

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

(S S Y J) 15.12.2025 TM To 1.The Judicial Magistrate No.I, Kuzhithurai, Kanniyakumari District.

2.The Inspector of Police, Kuzhithurai Police Station, Kanniyakumari District. (Crime No.186 of 2025)

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

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S.SRIMATHY,J TM

ORDER

IN 15.12.2025 6/6