Saravanan @ Saravanakumar And Others vs State Of Tamilnadu

S.Srimathy, J

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b) and 109 of BNS (corresponding Sections 294(b) and 307 of IPC), in Crime No.174 of 2026, on the file of the respondent police, seek anticipatory bail.

The case of the prosecution is that there was a family dispute between the petitioners and the defacto complainant, due to which, the petitioners abused the defacto complainant in filthy language and also assaulted him with criminal intimidation and caused injuries.

The 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 due to dispute between the husband and wife, the defacto complainant lodged the false case against the petitioners. Hence, he seeks anticipatory bail to the petitioner.

The learned Government Advocate (Criminal Side) submitted that there was a family dispute and that the injured person has been discharged from the hospital. He further submitted that there are two previous cases pending against the second petitioner/A2. However, he opposed for grant of anticipatory bail to the petitioners.

Considering the facts and circumstances of the case and taking note of the fact that there was a family dispute and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

Accordingly, 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 No.II, Virudhunagar, 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 second petitioner shall report before the respondent police daily at 10.30 a.m, for a period of two weeks and thereafter as and when required for interrogation; the petitioners 1, 3 and 4 shall report before the respondent police as and when required for interrogation ;

[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 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.