Murugesan v. State of Tamilnadu Rep by Inspector of Police, Tirupathur Town

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6728 of 2026 Murugesan ... Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Tirupathur Town Police Station, Sivagangai District. (Crime No.70 of 2026)

...Respondents/Complainant

For Petitioner : Mr.S.Malaikani

Advocate.

For Respondent : Mr.M.Karunanithi Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Cr.No. 70 of 2026 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 for the offences punishable under Sections 296(b), 115(1), 351(3) and 76 of BNS and Section 4 of TNPHW Act, in Crime No.70 of 2026, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that due to previous enmity, on

04.03.2026 at 12.00 in the night, when the defaacto complainant was alone at home, the petitioner along with his brother trespassed into her hous, abused her in filthy language and the petitioner's brother pulled her out of home and threatened her in a way outraging her modesty and assaulted her. And also criminally intimidated her at the knife point. On hearing her noise, the neighbours rescued her. Hence, the case.

¶3The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. There is a civil dispute between the parties. Hence, he prays to grant Anticipatory Bail to the petitioner.

¶4The learned Government Advocate (Crl. side) fairly submits that the offence is grave in nature. Due to previous civil dispute, the petitioner went to the house of defacto complainant in the night hours, when she was alone, abused her and attacked her. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner. However, the petitioner has no previous case. There is simple injury and treated as out patient. Investigation is still pending.

¶5Heard both sides and perused the materials available on record.

¶6Considering the rival submissions on either side and the nature of offences charged against the petitioner and injury is simple in nature and injured was treated as out patient and the petitioner has no previous case and also considering the other facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 learned District Munsif cum Judicial Magistrate, Tirupathur and on further conditions that: [b] the petitioner shall report before the respondent police, at 10.30 a.m., on every Saturday for a period of four weeks, thereafter, as and when required for 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.

(P D B J)

07.04.2026 TM

To

1.The District Munsif cum Judicial Magistrate, Tirupathur.

2.The Inspector of Police, Tirupathur Town Police Station, Sivagangai District. (Crime No.70 of 2026)

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

P. DHANABAL, J. TM ORDER IN CRL OP(MD) No. 6728 of 2026 Date : 07.04.2026