- Court
- High Court of Madras
- Decided
- 1 July 2026
- Bench
- K.Rajasekar
- Case no.
- CRL OP(MD) 12904/2026
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Judgment
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR S.Pandiyan @ Mayandi ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Pavoorchatram Police Station, Tenkasi District. Crime No. 303/2026. ... Respondent/Complainant PRAYER :-For Anticipatory Bail in Crime No. 303 /2026 on the file of the respondent Police. For Petitioner : W.Cleetus, Advocate. For Respondent : Mr.P.Vetrivel, Government Advocate (Crl.Side) ORDER : The Court made the following order :-
The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 354 and 75 of BNS, 2023, in Crime No.303 of 2026 on the file of the respondent police, seeks anticipatory bail.
¶2The allegation against the petitioner is that the petitioner is the neighbour of the defacto complainant. On 07.06.2026, at about 11.00 a.m, while she was alone in her house, the petitioner entered into her house and subjected her to physical assault and acts amounting to outraging her modesty. Hence, the case has been registered.
¶3The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He would further submit that due to previous enmity, a false case has been foisted against him. Hence, he prays to grant anticipatory bail to the petitioner.
¶4The learned Government Advocate (Crl. Side) reiterated the prosecution case and on instructions, reported that the investigation is at preliminary stage and the petitioner has 5 previous cases. Hecne, he opposes to grant anticipatory bail to the petitioner.
¶5By way of reply, the learned counsel for the petitioner would submit that, as far as the previous cases are concerned, all are regarding to temple administration dispute.
¶6I have gone through the FIR and also the connected materials.
¶7Considering the rival submissions on either side and the nature of offences charged against the petitioner, and though the petitioner has previous antecedents, the occurrence took place on 07.06.2026, and FIR was registered belatedly on 20.06.2026, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Tenkasi, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: [b] the petitioner shall report before the respondent police, daily at 10.30 a.m. for a period of 2 weeks, and thereafter as and when required for the interrogation. [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
01.07.2026 dss
To
1.The Judicial Magistrate, Tenkasi.
2.The Inspector of Police, Pavoorchatram Police Station, Tenkasi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.12904oofo2026 ooooooooooooooooooooooooooooooooK.oRAJASEKAR,J oooooooooooooooooooooooooodss oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.12904oofo2026 ooooooooooooooooooooooooooooooDateoo:o01/07/2026
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