S.Ganesan v. State of Tamilnadu Rep by Inspector of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.01.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1.S.Ganesan

2.G.Sankara Narayanan ... Petitioners/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Pettai Police Station, Tirunelveli District. Crime No.293 of 2025. ... Respondent/Complainant For Petitioner : V.Vimala Rexy, Advocate. For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-33AB. For Anticipatory Bail in Crime No.293 of 2026 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 the offences punishable under Sections 232, 296(b) & 351(2) of BNS, 2023, and Section 4 of TNPHW Act, in Crime No. 293 of 2025 on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that due to previous enmity, the petitioners restrain the defacto complainant and threatened to withdraw the previous case and abused him using filthy language. Hence, the case.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

¶4The learned Government Advocate (Criminal Side) submitted that the petitioners already filed a quash petition and the same is pending and there is an order of stay. However, he opposed for grant of anticipatory bail to the petitioners.

¶5Considering the facts and circumstances of the case, and there is an order of stay in the pending quash petition filed by the 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 bail in the event of arrest or on their appearance, on condition that each of 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 No.V, Tirunelveli, within a period of fifteen days from the date on which the order copy is made ready 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 Aadhaar card or bank pass book to ensure their identity; [b] the petitioners shall report before the Velacheri Police Station daily at 10.30 a.m., for a period of one week and thereafter the petitioners shall appear before the respondent police daily at 10.30 a.m., [c]the petitioners shall not tamper with the 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 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.

27.01.2026 PJL TO

¶1Judicial Magistrate No.V, Tirunelveli.

¶2The Inspector of Police, Kurumbur Police Station, Thoothukudi District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J PJL ORDER IN CRL OP(MD) No.1353 of 2026 Date : 27.01.2026