Sethupathi v. State of Tamilnadu Rep by Inspector of Police, Veerapandi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.02.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1.Sethupathi

2.Vinoth @ Vinothkumar ... Petitioners Vs

1.State of Tamilnadu Rep by, The Inspector of Police, Veerapandi Police Station, Theni District. Crime No.462/2025. ... Respondent For Petitioner :Mr.A.R.Kannappan 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. 462 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 the offences punishable under Sections 191(2), 296(b), 115(2), 118(1), 351(3) and 303(2) of BNS (Corresponding offences 147, 294, 323, 324, 506 and 379 of IPC) in Crime No.462 of 2025 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioners and other accused persons abused the defacto complainant in filthy language, assaulted him with their hands, caused serious injuries, and extorted a sum of Rs. 43,000/- from the de facto complainant. Hence, the complaint.

¶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) for the respondent police submitted that the first petitioner has two previous cases and the second petitioner has no previous cases. He further submitted that the injured person has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.

¶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 petitioners, subject to certain conditions.

6.Accordingly, this petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, 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 learned Judicial Magistrate, Theni District, 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 first petitioner is directed to deposit a sum of Rs. 10,000/-(Rupees Ten Thousand only) and the second petitioner is directed to deposit a sum of Rs.5,000/-(Rupees Five Thousand only) to the credit of Crime No.462 of 2025 on the file of the learned Judicial Magistrate, Theni District. After depositing the said amount, the Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment; if any default in payment of installments, the anticipatory bail granted will be automatically dismissed; [c] the petitioners shall report before the respondent police daily at

10.30 a.m, until further orders; [d]the petitioners shall not tamper with the 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 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]; [g] If the petitioners/accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J)

04.02.2026 vsg TO

1.The Judicial Magistrate, Theni District.

2.The Inspector of Police, Veerapandi Police Station, Theni District.

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

S.SRIMATHY,J., vsg

ORDER IN CRL OP(MD) No.2083 of 2026 Date : 04.02.2026