CRL OP(MD).No.12749 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2025 PRESENT THE HONOURABLE MR.JUSTICE P. VADAMALAI CRL OP(MD).No.12749 of 2025 1. Gowthami, W/o.Ramanathan 2.Perumalsamy, ...Petitioners/Accused S/o.not known Nos.2 & 3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, P.C.Patti Police Station, Theni District. (Crime No.271 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Chandrasekar Advocate For Respondent : Mr.S.Prakash Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.271 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for 1/5 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.12749 of 2025 the offences punishable under Sections 49, 296(b), 351(2) of BNS Act, 2023 and Section 4 of TNPHW Act, 1998 in Crime No.271 of 2025 on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that the defacto-complainant and the Accused Nos.1 to 3 are residing at Electronic City, Koduvelarpatti, Theni District, they are neighbours. On 01.05.2025 at about 10.30hrs these petitioners abused the defacto- complainant for raising a wall near the compound of the accused persons premises. The Accused Nos.1 to 3 were joined together and abused the defacto-complainant with filthy language and made life threat with dire consequences. Hence, the case. 3. The learned counsel for the petitioners would submit that due to previous enmity regarding the raising of wall near the accused persons premises, the defacto- complainant created a concocted story and lodged a false complaint against these petitioners. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioners. 4. The learned Government Advocate (Criminal Side) would submit that the accused persons attempted to threaten and prevent the complainant from raising wall near their house. At the time of occurrence, no one sustained injury. There is no 2/5 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.12749 of 2025 previous case against these petitioners. However, he opposed to grant anticipatory bail to the petitioners. 5. Considering the facts and circumstances of the case, and also considering the fact that at the time of occurrence no one sustained injury, by this time most of the investigation might have been completed, there is no previous case against these petitioners, 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 anticipatory bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Theni on condition that the petitioners shall execute separate 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 Judicial Magistrate, Theni 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 furnish their residential address and contact number to the learned Judicial Magistrate, Theni. In the event of any change in their 3/5 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.12749 of 2025 residential address, the petitioners shall report the same to the learned Judicial Magistrate, Theni; (c) the petitioners shall report before the respondent police on every Saturday and Sunday at 09.00a.m. until further orders; (d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners shall not abscond either during investigation or trial; (f) 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]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. sd/- 31/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. 4/5 https://www.mhc.tn.gov.in/judis CRL OP(MD).No.12749 of 2025 gvn TO 1 The Judicial Magistrate, Theni. 2 Do Through the Chief Judicial Magistrate, Theni District. 3 The Inspector of Police, P.C. Patti Police Station, Theni District. 4 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.CHANDRASEKAR, Advocate ( SR-8233[I] dated 31/07/2025 ) ORDER IN CRL OP(MD) No.12749 of 2025 Date :31/07/2025 NBF/SAR- /21/08/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5 https://www.mhc.tn.gov.in/judis