Thangarasu v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2026

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN 1.Thangarasu 2.Lakshmi ... Petitioners Vs.

State by Inspector of Police, Thevoor Police Station, Salem District.

... Respondent (Crime No.26 of 2026) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of arrest pending investigation in Crime No.26 of 2026 on the file of the respondent police.

For Petitioners :

Mr.Lakshminarayana A For Respondent :

Mr.P.Dhileepan Government Advocate (Crl. Side)

O R D E R

The petitioners, who apprehend arrest for the alleged offence under Sections 296(b), 115(2), 117(3), 351(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.26 of 2026, on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that the petitioners are husband and 1/4

wife and that the first petitioner is a practicing Advocate and that on the date of occurrence, the second petitioner bitten the finger of the defacto complainant. Hence, the case.

3. The learned counsel for the petitioners submitted that they are innocent and they have not committed any offence as alleged by the defacto complainant and they have been falsely implicated in this case. He would further submit that they have also filed a counter complaint against the defacto complainant was registered in Crime No.27 of 2026. He further submitted that they are ready to abide by any stringent condition that may be imposed by this Court and they are ready to co-operate with the investigation. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution's case and strongly opposed to grant anticipatory bail to the petitioners on the ground that the second petitioner severing the thumb finger of the defacto complainant.

5. Heard the submissions made by the learned counsel on either side and perused the materials available on record.

6. Considering the nature of injury sustained by the defacto complainant of severing of his thumb finger, this Court is of the firm view 2/4

that it is not desirable to enlarge the petitioner on anticipatory bail at this juncture. Though a counter complaint has been filed by the petitioners against the defacto complainant, the same will in no way helpful to the petitioners in getting any order in their favour.

7. Accordingly, this Criminal Original Petition stands dismissed. 10.03.2026 ssi To:

1.The Inspector of Police, Thevoor Police Station, Salem District.

2.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN,J., ssi 3/4

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