Citation : 2026 Latest Caselaw 2637 Mad
Judgement Date : 20 May, 2026
CRL OP(MD). No.9508 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 20/05/2026
PRESENT
The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD). No.9508 of 2026
1.Chinnaiya
2.Seetharaman
3.Chitra ... Petitioners/Accused 1 to 3
Vs
The State of Tamil Nadu represented through
The Inspector of Police,
Keelavalavu Police Station,
Madurai.
(Crime No.100 of 2026) ... Respondent/Complainant
For Petitioners : Mr.A.Abdulkabur
For Respondent : Mr.A.Albert James,
Government Advocate (Crl. Side)
PETITION FOR ANTICIBATORY BAIL Under Sec.482 of BNSS
1/6
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CRL OP(MD). No.9508 of 2026
PRAYER :-
For Anticipatory Bail in Crime No.100/2026 on the file of the
respondent Police.
ORDER :
The Court made the following order :-
The petitioners / accused Nos.1 to 3, who apprehend arrest at the
hands of the respondent police for the offences punishable under
Sections 329(4), 77, 296(b), 115(2), 118(1) and 351(3) BNS and Section
4 of Tamil Nadu Prohibition of Harassment of Woman (Amendment)
Act, 2002, in Crime No.100 of 2026 on the file of the respondent police,
seek anticipatory bail.
2. The case of the prosecution is that on 16.04.2026 at about 05.00
p.m., while the defacto complainant was taking bath, the first petitioner
allegedly attempted to misbehave with her. On hearing the alarm raised
by the defacto complainant, the first petitioner immediately fled from the
spot. Thereafter, when the family members of the defacto complainant
went to the house of the first petitioner and questioned about the same,
the petitioners attacked them, abused them in filthy language and also
threatened them with dire consequences. Hence, the case.
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3. When the matter is taken up today, the learned counsel
appearing for the petitioners seeks permission of this Court to withdraw
this petition as far as the first petitioner is concerned and he has also
made an endorsement to that effect. Hence, this petition is dismissed as
withdrawn as against the first petitioner concerned.
4. The learned counsel appearing for the petitioners would submit
that the petitioners 2 and 3 are innocent and they have not committed any
offence as alleged by the prosecution. Hence, he seeks anticipatory bail
to the petitioners 2 and 3.
5. The learned Government Advocate (Criminal Side) appearing
for the respondent police would submit that the offences committed by
the petitioners are serious in nature.
6. Considering the facts and circumstances of the case and also the
nature of the allegations levelled against the petitioners 2 and 3, this
Court is inclined to grant anticipatory bail to the petitioners 2 and 3
subject to certain conditions.
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7. Accordingly, the petitioners 2 and 3 are ordered to be released
on bail in the event of arrest or on their appearance, on condition that the
petitioners 2 and 3 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 learned Judicial Magistrate, Melur, within a period of
fifteen days from the date of receipt of a copy of this order and on further
conditions that:
[a]the petitioners 2 and 3 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 2 and 3 shall report before the respondent police once in a month i.e., on the first day of every English calendar month at 10.30 a.m., until further orders;
[c]the petitioners 2 and 3 shall not tamper with the evidence or witness either during investigation or trial;
[d]the petitioners 2 and 3 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 2 and 3 in accordance with law as if the conditions have been
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imposed and the petitioners 2 and 3 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.
(R V J) 20.05.2026 CSM
TO
1.The Judicial Magistrate, Melur.
2.The Inspector of Police, Keelavalavu Police Station, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J
CSM
ORDER IN
Date : 20/05/2026
https://www.mhc.tn.gov.in/judis
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