Kasim v. State Of Tamilnadu Rep By Inspector Of Police, Thuckalay
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Kasim ... Petitioner/Accused Vs State of Tamilnadu Rep by The Inspector of Police, Thuckalay Police Station, Kanyakumari District.
Crime No.708/2025.
... Respondent/Complainant For Petitioner : S.Selva Kumar, Advocate.
For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-38AB.For Anticipatory Bail in Crime No. 708/2025 on the file of the respondent police ORDER : The Court made the following order :- 1/7
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 351(3) of BNS 2023, in Crime No.708 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that since the rental amount was not paid by the petitioner, there was a wordy quarrel arose between the petitioner and the defacto complainant for which the petitioner abused the defacto complainant in filthy language and attacked him using scissors and threatened with dire consequences and caused injuries. 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, 2/7
he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent police submitted that the injured has been discharged. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, and since the injured has been discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 sum to the satisfaction of the learned Judicial Magistrate No.I, Padmanabapuram, Kanniyakumari District, within a period of fifteen days from the date on which the order copy is made ready and on 3/7
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 is directed to deposit a sum of Rs.10,000/-(Rupees Ten thousand only)to the credit of Crime No.
708 of 2025 before the learned Judicial Magistrate No.I, Padmanabapuram, Kanniyakumari District. On such deposit being made the learned Magistrate shall accept the sureties furnished by the petitioner. After receipt of entire amount, the Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed. The learned 4/7
Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment.
[c] the petitioner shall report before the respondent police daily at 10.30 a.m, until further orders;
[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 [(2005)AIR SCW 5560];
5/7
[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
16.12.2025 PJL TO
1. Judicial Magistrate No.I, Padmanabapuram, Kanniyakumari District.
2. Do-Through The Chief Judicial Magistrate, Kanyakumari District.
3. The Inspector of Police, Thuckalay Police Station, Kanyakumari District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
6/7
S.SRIMATHY,J PJL
ORDER
IN CRL OP(MD) No.23031 of 2025 Date : 16/12/2025 7/7