M. Muthusamy, v. State of Tamilnadu Rep by Inspector of Police, Thenkarai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.02.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY M.Muthusamy ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by , The Inspector of Police, Thenkarai Police Station, Theni District. Crime No.834/2025. ... Respondent/Complainant For Petitioner : M/s.J.Vishnu, Advocate. For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-38AB.For Anticipatory Bail in Crime No. 834/2025 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 329, 296(b), 115(1), 118(1), 351(3), 332 and 333 of BNS, 2023, r/w 4 of TNPHW Act, in Crime No.834 of 2025, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that due to civil dispute, the petitioner abused the defacto complainant in filthy language and also assaulted him. Hence, the case.

¶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 injured person has been discharged from the hospital and there are two previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

¶5Considering the facts and circumstances of the case also considering the fact that the injured person has been discharged from the hospital , 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 Judicial Magistrate Court, Periyakulam, Theni District, 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 report before the respondent police daily at

10.30 a.m, until further orders; [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.

04.02.2026 vsg TO

¶1The Judicial Magistrate Court, Periyakulam, Theni District.

¶2The Inspector of Police, Thenkarai Police Station, Theni District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

S.SRIMATHY,J vsg ORDER IN CRL OP(MD) No.2087 of 2026 Date : 04.02.2026