M.Ezhilan v. The State Of Tamil Nadu Rep

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. M.Ezhilan

2. Suyambu Raja

3. Esaiveni ... Petitioners/Accused Vs The State of Tamil Nadu Rep, The Inspector of Police, Eruvadi Police Station, Triunelveli District (Crime No.357/2025). ... Respondent/Complainant For Petitioner : Manianandh P, Advocate.

For Respondent : Mr.A.S.Abul Kalaamazad, Government Advocate (Crl.Side) PRAYER :- C-33AB.For Anticipatory Bail in Crime No.357 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), 115(2), 118(1) & 351(3) of the Bharatiya Nyaya Sanhita r/w. Section 4 of The Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.357 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the accused persons who are residing adjacent to her house, entered into a wordy quarrel with her and her family members, abused them using filthy language, assaulted them with hands and threatened them with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. 2/6

Hence, he seeks anticipatory bail to the petitioners.

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

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of 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, Nanguneri, within a period of fifteen days from the date on which the order copy is made 3/6

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 1 & 2 shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required; the 3rd petitioner shall appear before the respondent police as and when required;

[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 4/6

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 [(2005)AIR SCW 5560];

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

08.01.2026 PJL TO 1.Judicial Magistrate, Nanguneri.

2. The Inspector of Police, Eruvadi Police Station, Triunelveli District.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.23740 of 2025 Date : 08/01/2026 6/6