Vivek Eswar v. State of Tamilnadu Rep by Inspector of Police, Pattukottai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/12/2025 PRESENT The HONOURABLE MR. JUSTICE M. JOTHIRAMAN

¶1Vivek Eswar

¶2Vennila ... Petitioners/Accused

Vs State of Tamilnadu Rep by Inspector of Police, Pattukottai Town Police Station, Thanjavur District. Crime No.762/2025. ... Respondent/Complainant For Petitioner : Mr.Gopalan T K,

For Respondent : Mr.A.S.Abul Kalam Azad,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.762 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 2, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 296(b) and 351(2) BNS, 2023 in Crime No.762 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the second petitioner is the complainant in S.T.C.No.81 of 2024 pending before the learned Judicial Magistrate (FTC), Pattukottai. On 02.12.2025, she appeared before the learned Judicial Magistrate (FTC), Pattukottai for the said case and after hearing, she is said to have challenged the defacto complainant, abused him and intimidated him. Hence the case.

¶3The learned Counsel for the petitioners would submit that the petitioners did not involved in any of the offences as alleged by the prosecution. The petitioners are innocent and they are implicated in this case. The petitioners were falsely implicated in the present case. Hence, he prayed to granted anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police on instructions, would submit that there is no previous case pending against the petitioners.

¶5Considering the nature of the allegations and considering the fact that there is no previous case pending against the petitioners, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.

¶6Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Pattukottai, Thanjavur District, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 report before the respondent Police every Monday and Friday at 10.30 a.m. until further orders. [c] the petitioners shall not tamper with 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 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 2023. (M J R J)

26.12.2025 LR TO

¶1The Judicial Magistrate Pattukottai, Thanjavur District.

¶2Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. M. JOTHIRAMAN,J LR ORDER IN CRL OP(MD) No.23938 of 2025 Date : 26/12/2025