Thangameen v. The State Rep.By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.1141 of 2026

1. Thangameen W/o.Murugesan

2. Govindasamy S/o, Arunachalam

3. Desinguraja S/o.Govindasamy ... Petitioners Vs The State Rep. By, The Inspector of Police, Attur Town Police Station, Salem District.

(Crime No.374 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners herein on anticipatory bail in the event of their arrest by the respondent in Crime No.374 of 2025 on the file of the respondent police.

For Petitioners : Mr. K.Sathish Kumar For Respondent : M/s. J.R. Archana Government Advocate (Crl.Side)

O R D E R

The petitioners herein, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 351(2) of BNS, 2023, r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.374 of 2025 on the file of the respondent Police, seek 1/5

anticipatory bail.

2.

The case of the prosecution is that, the petitioners herein due to tenancy dispute with the complainant joined hands with the other accused and attacked the complainant who is the owner of the premises. Hence, this case. 3.

The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case; regarding the very same occurrence, a counter complaint has also been registered by the first petitioner herein against the complainant and the same is also registered in Crime No.373 of 2025 and in that case, the complainant's father is also injured and case and that the petitioners are ready to abide by any conditions that may be imposed by this Court and to co-operate for the investigation, hence sought for anticipatory bail to the petitioners.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioners reiterated the prosecution case and submitted that the investigation of this case is pending and that the injured is discharged from the hospital and there is no previous case as against the petitioner.

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5.

Considering the submissions made, facts and circumstances of this case, nature of allegation, the fact that there is only tenancy dispute and no previous case as against the petitioner and custodial interrogation of the petitioners is not necessary for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Attur, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] if the petitioners fail to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of 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 the identity proofs to 3/5

ensure their identity;

[c] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of one week and thereafter, as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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)13 SCC 283]; [e] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

21.01.2026 ssa To

1. The Judicial Magistrate - I,Attur.

2. The Inspector of Police, Attur Town Police Station, Salem District.

(Crime No.374 of 2025)

3. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

ssa CRL OP NO.1141 of 2026 21.01.2026 5/5