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Madras High CourtCRL OP(MD)/23683/2025granted

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

2026-01-19Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Selvan ... Petitioners/Accused Vs State of Tamilnadu Rep by In, Inspector of Police, Eruvadi Police Station, Tirunelveli District.

Crime No.358 of 2025.. ... Respondents/Complainants For Petitioner : Mr.Anbarasu S.R, For Respondent : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime no.358 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS (corresponding IPC Sections are 296, 326, 324 and 506(2) of IPC), in Crime No.358 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons had abused the defacto complainant in filthy language and attacked him due to which, he sustained 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 offence as alleged by the prosecution. He further submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) submitted that there is no previous case pending against the petitioner and the injured person has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the 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 Court, Nanguneri, Tirunelveli District, within a period of fifteen days from the date of receipt of a copy of this order 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 3/6

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 one week and thereafter, as and when required for interrogation.

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

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

(S S Y J) 19.01.2026 TTA 4/6

TO 1.Inspector of Police, Eruvadi Police Station, Tirunelveli District.

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

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S.SRIMATHY,J TTA

ORDER

IN CRL OP(MD) No.23683 of 2025 Date : 19/01/2026 6/6