Mohamed Rafeek v. State of Tamilnadu Rep by Inspector of Police, Nagudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/04/2026 CORAM THE HONOURABLE MR. JUSTICE P. DHANABAL Mohamed Rafeek ... Petitioner/Accused No.1 Vs State of Tamilnadu Rep by, The Inspector of Police, Nagudi Police Station, Pudukkottai District. Crime No.61 of 2026. ... Respondent/Complainant PRAYER :-For Anticipatory Bail in Crime No.61 of 2026 on the file of the Respondent Police. For Petitioner : Prasanna R, Advocate. For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) ORDER : The Court made the following order :-

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 191(2), 296(b), 118(1) of BNS, 2023 and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, in Crime No.61 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 15.03.2026, due to previous motive, the petitioners and other accused are said to have abused the complainant and her son in filthy language and attacked them with their hands and stick and caused injury and threatened them with dire consequences. Hence, this case.

¶3The learned counsel for the petitioners would submit that the petitioner is an innocent and he was falsely implicated in this case and he has no way connected in the above said incident. He would further submit that the injured were discharged from the hospital and no previous case is pending against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) would submit that due to the dispute in taking water in the public tap, the petitioners and other accused are said to have abused the complainant and her son in filthy language and attacked them with their hands and stick and caused injury and threatened them with dire consequences. Hence, he opposes to grant anticipatory bail to the petitioner. However, he fairly conceded that the injured were discharge from the hospital and the petitioner has no previous case.

¶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 there is a dispute between the parties while taking water in the public tap and the injured were discharged from the hospital and the petitioner has no previous case, I am inclined to grant anticipatory bail to the petitioner, 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 Judicial Magistrate, Aranthangi, and on further conditions that: [b] the petitioner shall report before the respondent police, every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the 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.

16.04.2026 dss

To

1.The Judicial Magistrate, Aranthangi.

2.The Inspector of Police, Nagudi Police Station, Pudukkottai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.7469oofo2026 ooooooooooooooooooooooooooooooooP.oDHANABAL,J ooooooooooooooooooooooooooooooooooooooooooooo dss oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.7469oofo2026 ooooooooooooooooooooooooooooooDateoo:o16/04/2026