Mariselvam v. The State of Tamil Nadu Rep by

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Mariselvam ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Kallidaikurichi Police Station, Kallidaikurichi, Ambasamudram Taluk, Tirunelveli District. Cr.No.107 of 2026. ... Respondent/Complainant For Petitioner : Mr.N.Vignesh For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PRAYER :- C-33AB.For Anticipatory Bail in Cr.No.107 of 2026 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), 78 & 351(3) of BNS, 2023,(Corresponding Sections 294(b), 354-D and 506(2) of IPC) and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.107 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner was giving love torture to the defacto complainant's daughter. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. 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 petitioner has 3 previous cases out of which 1 case was filed by the defacto complainant. However, he opposed for grant of anticipatory bail to the petitioner.

¶5Considering the facts and circumstances of the case, 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, Ambasamudram, within a period of fifteen days from the date on which the order copy is made ready 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 stay at Tirunelveli and report before the Palayamkottai Police Station for a period of four weeks and thereafter shall appear before the respondent police daily at

10.30 a.m, until further orders;the petitioner shall not intimidate or threaten the victim and the defacto complainant's family and he shall not enter

into

the

street,

home, school/college or normally where the victim is available; This condition will not be relaxed for the next three months; [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.

25.02.2026 PJL TO

¶1Judicial Magistrate,Ambasamudram.

2.The Inspector of Police, Kallidaikurichi Police Station, Kallidaikurichi, Ambasamudram Taluk, Tirunelveli District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J PJL ORDER IN CRL OP(MD) No.4083 of 2026 Date : 25/02/2026