E.Krishnamoorthy v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI

1. E.Krishnamoorthy S/o.late.Eganathan, Residing at No.C-121, Kambikollai, Asanambut Road, Ambur Taluk, Tirupethur District.

2. Prakash @ Prakasam S/o.late.Eganathan, Residing at No.C-121, Kambikollai, Asanambut Road, Ambur Taluk, Tirupethur District.

3. Mohan @ Mohanraj S/o.Periyasamy, No.C-182, Kambikollai, Asanambut Road, Ambur Taluk, Tirupethur District.

..Petitioner(s) Vs State by Inspector of Police, Ambur Town Police Station, Tirupathur District.

Cr.No.133/2026.

..Respondent(s) Criminal Original Petition is filed under Section 482 BNSS to enlarge the petitioner on bail in the event of arrest by the respondent police.

For Petitioner(s):

Mr.Thirumoorthy D For Respondent(s):

Mr.A.Gopinath Additional Public Prosecutor

ORDER

The petitioners who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 115(2) and 351(3) of BNS Act, 2023 and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002 in Crime No.133 of 2026, seeks anticipatory bail. 2.

The case of the prosecution is that the on 28.04.2026 when the de facto complainant and his wife were quarreling with each other, the petitioners questioned the same and due to which there was a wordy quarrel between them and the petitioners are said to have attacked the de facto complainant with their hands and legs and threatened him. Hence the complaint. 3.

The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court. Hence, he prays for grant of anticipatory bail to the petitioners.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioners have assaulted the de facto complainant with hands and legs and due to which he had sustained injuries. He further submits that the injured discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. At this juncture, the learned counsel for the petitioners submitted that the petitioners, without prejudice to their defense and contention, are ready and willing to deposit an amount of Rs.10,000/- to any association. Hence, he prays for grant of anticipatory bail to the petitioners.

6. Heard both sides and perused the materials available on record including the First Information Report.

7. Considering the fact that the injured discharged from the hospital and also taking note of the fact that the petitioners have come forward to deposit an amount of Rs.10,000/-, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.

8. Accordingly, this Criminal Original Petition stands allowed and the petitioners are ordered to be released on anticipatory bail in the event of their 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, Ambur on condition that the petitioners shall 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 Magistrate concerned and on further condition that:

(a) the petitioners shall make a non-refundable deposit of Rs. 10,000/- (Rupees Ten Thousand only) to the credit of Adyar Cancer Institute (Union Bank, Name: Cancer Institute (WIA), Account No: 149710011005477, IFSC Code: UBIN0814971), Chennai, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the concerned Court.

[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of 30 days and thereafter as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned

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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

07-05-2026 Index: Yes/No Speaking/Non-speaking order BKN 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 be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

L.VICTORIA GOWRI, J.

BKN To:

1. Inspector of Police, Ambur Town Police Station, Tirupathur District.

Cr.No.133/2026.

2.Judicial Magistrate, Ambur

3. Public Prosecutor, Madras High Court.

07-05-2026