M.Thayalan v. State of Tamilnadu Rep by Inspector of Police, Eruvadi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY M.Thayalan, S/o.Mansing Raja, No.69, Middle Street, Ramakrishnapuram, Dalapathi Samudram, Nallankulam, Nanguneri, Tirunelveli-627 101.

... Petitioner/Accused Vs The State of Tamilnadu Rep by, The Inspector of Police, Eruvadi Police Station, Tirunelveli District. Crime No.357/2025.

... Respondent/Complainant For Petitioner : Mr.K.Karansingh,

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.357/2025 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.357 of 2025 on the file of the respondent police, seeks anticipatory bail.

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

¶3The learned counsel for the petitioner submitted that the petitioner has not committed any offences as alleged by the prosecution and the counter case is filed in Crime No.358 of 2025 and as a counterblast, the present complaint has been lodged. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) submitted that the injured person has been discharged from the hospital and it is a case of case and counter. However, he opposed for grant of anticipatory bail to the petitioner.

¶5Considering the facts and circumstances of the case and also considering the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that 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 of receipt of a copy of this order and on further conditions that: [a]the petitioner 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 petitioner shall report before the respondent police daily at

10.30 a.m for a period of one week and thereafter, as and when required for interrogation; [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d]the petitioner 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 petitioner is 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.

(S S Y J)

29.01.2026 VSG TO

1.The Judicial Magistrate, Nanguneri.

¶2The Inspector of Police, Eruvadi Police Stationti, Tirunelveli District.

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

S.SRIMATHY,J., vsg ORDER IN CRL OP(MD) No.697 of 2026 Date : 29/01/2026