S.Mariselvam v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY
1. S.Mariselvam
2. M.Pakampiriyal ... Petitioners/Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Thondi Police Station, Thiruvadanai Taluk, Ramanathapuram District.
Crime No.256/2025. ... Respondent/Complainant For Petitioner : Mr.S.Athamali 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.256 of 2025 on the file of the respondent Police.
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ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 329(3), 296(b), 115(2), 132 of BNS, in Crime No.256 of 2025, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant is working as a Post Graduate Teacher in English at the Government Higher Secondary School, Thondi. While so, on 10.12.2025, a student, namely, Ishwarya was playing in the classroom without studying, and upon noticing the same, the defacto complainant warned her. In these circumstances, on 11.12.2025, the petitioners trespassed into the classroom, abused the defacto complainant in filthy language, and attacked her with bare hands. Hence, the case.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of 2/6
anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that the offence committed by the accused are serious in nautre. Therefore, he opposed the grant of anticipatory bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case and also considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruvandanai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned 3/6
Magistrate concerned 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 Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioners shall report before the respondent police as and when required for interrogation; (c) the petitioners shall not tamper with 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 action against the petitioner in accordance with law as if the conditions have been imposed and the petitioners 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]; and;
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(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS 2023.
(S S Y J) 02.01.2026 jbr TO
1. The Judicial Magistrate, Thiruvandanai.
2. The Inspector of Police, Thondi Police Station, Thiruvadanai Taluk, Ramanathapuram District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J jbr
ORDER
IN CRL OP(MD) No.23902 of 2025 Date : 02/01/2026 6/6