Thangaraj v. State Rep.By, The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.05.2026
CORAM
THE HONOURABLE MR.JUSTICE P.DHANABAL 1.Thangaraj 2.Meenatchi ... Petitioners Vs.
State Rep. by Sub-Inspector of Police, Mooranam Police Station, Tiruvannamalai District.
Crime No.39 of 2026.
... Respondent Prayer : Criminal Original Petition filed under Section 483 of BNSS, seeking to enlarge the petitioners on bail in Crime No.39 of 2026 pending before the respondent police.
For Petitioners : Mr.A.Anbharasu For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side) For Intervenor : Mr.K.S.Karthik
ORDER
The petitioners, who were arrested and remanded to judicial custody on 02.04.2026 for the offences punishable under Sections 296(b), 85, 115(2), 118(1), 109(2) r/w 49 of BNS, 2023 in Crime No.39 of 2026 on the file of the respondent police, seek bail.
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2. The case of the prosecution is that the 1st petitioner is the husband of the victim and the 2nd petitioner is the mother-in-law of the victim. The petitioners abused the victim, who is the daughter of the defacto complainant, in filthy language, assaulted her and threatened her with dire consequences, causing her to sustain grievous injuries. Due to which, she was hospitalized and was taking treatment. Hence, the case.
3. Learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. Further, he submits that the interim bail was granted to co-accused. He further submits that the injured was discharged from the hospital and that, there are no previous cases pending against the petitioners. He further submits that this is the first bail petition filed by the petitioners. Hence, he prayed that the petitioners may be released on bail.
4. Learned Government Advocate (Criminal Side) appearing for the respondent reiterated the case of the prosecution and submitted that though the victim has been discharged from the hospital, however she remains unconscious and is undergoing treatment at her house. Hence, he strongly opposed to grant bail to the petitioners.
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5. Learned counsel appearing for the intervenor submits that there is a dispute between the parties and due to which, both the petitioners have assaulted the victim, thereby the victim has sustained grievous injuries. Due to which, she was initially hospitalized and now, discharged from the hospital, however, she remains unconscious and undergoing treatment at her house. Hence, he strongly opposed for grant of bail to the petitioners.
6. Heard both sides and perused the materials available on record.
7. Considering the rival submissions made by the learned counsel on either side, nature of offence and also the fact that, there is no previous cases pending against the petitioners, and also considering the period of incarceration of the petitioners from 02.04.2026, and the relationship between the petitioners and the victim, I am inclined to grant bail to the petitioners subject to the following conditions:
[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court at Cheyyar of Tiruvannamalai District and on further conditions that: Page No.3 of 7
[b] the petitioners shall report before the respondent Police everyday at 10.30 a.m., until further orders; [c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;
[d] the petitioners shall not abscond either during investigation or trial;
[e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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 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 of B.N.S.
13.05.2026 (2/2) sp Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To Page No.4 of 7
be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. Page No.5 of 7
To
1. The Judicial Magistrate Court at Cheyyar, Tiruvannamalai District.
2. The Superintendent, Central Prison for Men, Vellore.
3. The Superintendent, Central Prison for Women, Vellore.
4. The Sub-Inspector of Police, Mooranam Police Station, Tiruvannamalai District.
5. The Public Prosecutor, High Court, Madras.
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P.DHANABAL , J.
sp 13.05.2026 (2/2) Page No.7 of 7