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Madras High CourtCRL OP(MD)/23916/2025ordered

Sahaya Renu v. State Of Tamilnadu Rep By Inspector Of Police, Kaliyakkavilai

2025-12-26Honourable Mr.Justice M.Jothiraman6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/12/2025 PRESENT The HONOURABLE MR. JUSTICE M. JOTHIRAMAN

1. Sahaya Renu

2. Vinish

3. Xavier

4. Vargeese ... Petitioners/Accused Vs State of Tamilnadu Rep by Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

Crime No.369 of 2025. ... Respondent/Complainant For Petitioner : Mr.P.Sonu, For Respondent : Mr.A.S.Abul Kalam Azad, Government Advocate (Crl.Side) 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime no.369 of 2025 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 to 4, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 296(b), 115(2), 118(1) and 351(3) BNS, 2023 in Crime No.369 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 12.12.2025, due to previous enmity, the accused persons abused the defacto complainant using filthy language, threatened him with dire consequences and caused injuries. Hence the case.

3. The learned Counsel for the petitioners would submit that the petitioners did not involved in any of the offences as alleged by the prosecution. The petitioners are innocent and they are implicated in this case. Due to previous enmity between the defacto-complainant and the 2/6

accused persons, the said occurrence was happened. The petitioners were falsely implicated in the present case. In this case, injured persons were discharged from hospital.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police on instructions, would submit that due to previous enmity between the defacto-complainant and the accused persons, the occurrence was happened. There is no previous case pending against the petitioners. In this case, injured persons were discharged from hospital.

5. Considering the nature of the allegations and considering the fact that there is no previous case pending against the petitioners and the injured persons in the present case were discharged from hospital, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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

before the Judicial Magistrate No.I, Kuzhithurai, 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 every Monday and Friday at 10.30 a.m. until further orders. [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 petitioners 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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

(M J R J) 26.12.2025 LR TO

1. The Judicial Magistrate No.I, Kuzhithurai.

2. The Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

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

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M. JOTHIRAMAN,J LR

ORDER

IN CRL OP(MD) No.23916 of 2025 Date : 26/12/2025 6/6