Murugesan v. State Rep by the Inspector of Police

ORDER The petitioner apprehends arrest for the alleged offence under Sections 296(b) and 75 of BNS, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.93 of 2026 on the file of the respondent police seeks anticipatory bail. Page2 of 5

¶2The allegation against the petitioner is that he assaulted the de facto complainant, violating her bodily autonomy. Hence, the case was registered against the petitioner.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner.

¶4Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner has no criminal antecedents. Hence, she opposed to grant anticipatory bail to the petitioner.

¶5I have given my anxious consideration to either side submissions.

¶6From the submissions made by the learned counsel on either side, it is seen that the petitioner has no bad antecedents. Considering the totality of the circumstances of the case and the fact that the occurrence took place in the month of June 2026, and that the petitioner aged is about 71 years, this Court is of the view that the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject Page3 of 5 to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.III, Tirupattur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent Police as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Page4 of 5 Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 06-08-2026 DRL To

1.The Judicial Magistrate Court No.III, Tirupattur.

2.The Inspector of Police Jolarpettai Railway Police Station, Jolarpettai, Tirupattur District.

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o21580oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o21580oofo2026 06-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Murugesan No. 45, Humming Garden,Aliance Villas, Thiayur, Kelambakkam, Chengalpattu District -603103 ..Petitioner(s) Vs State rep by The Inspector of Police Jolarpettai Railway Police Station, Jolarpettai, Tirupattur District. Crime No.93 of 2026. ..Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to grant an Anticipatory Bail to the petitioner in the event of his arrest in Crime No.93 of 2026 pending investigation on the file of the Respondent Police. For Petitioner(s): MR. Dinesh Kumar.R For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)