Thangaraj v. State of Tamilnadu Rep by Inspector of Police, Melapalayam

ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(2) and 351(3) of BNS and Section 4 of TNPHW of Act, in Crime No.30 of 2026 on the file of the respondent police, seek anticipatory bail.

¶2According to the prosecution, on 23.01.2026, the petitioners, who are the relatives of the complainant are said to have abused the complainant and her husband in filthy language and attacked them and caused injuries and criminally intimidated them. Hence, the complaint.

¶3The 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 it is a case and case in counter and no previous case is pending against the petitioners and the injured was discharged from the hospital. Hence, he seeks anticipatory bail to the petitioners.

¶4The learned Government Advocate (Criminal Side) submitted that it is a case and case in counter and the injured person has been discharged from the hospital and there is no previous case pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.

¶5Considering the facts and circumstances of the case and also considering the fact that it is a case and case in counter and the injured person has been discharged from the hospital and no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of 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 Additional Mahila Court (Magistrate Level), Tirunelveli, 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 petitioners shall report before the respondent police daily at

10.30 a.m., for a period of 10.30 a.m and thereafter, 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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.

04.03.2026 DSS TO

1.The Additional Mahila Court (Magistrate Level), Tirunelveli.

2.The Inspector of Police, Melapalayam Police Station, Tirunelveli.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.K. RAMAKRISHNAN,J DSS ORDER IN CRL OP(MD) No.4583 of 2026 Date : 04/03/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/03/2026 CORAM THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN 1. Thangaraj 2. Kumar Alais Sudalaikumar 3. Maharaja Alias Maharajan 4. Esakkiammal 5. Pechiammal 6. Rani Alais Maharani ... Petitioners/Accused No.1 to 6 Vs State of Tamilnadu Rep by, The Inspector of Police, Melapalayam Police Station, Tirunelveli. Crime No. 30 of 2026. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.30 of 2026 on the file of the respondent Police. For Petitioner : Mr.K.K. Samy, Advocate. For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side)