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Madras High CourtCRL OP/12054/2026granted

M. Vadivelu v. The State Rep By The Inspector Of Police,

2026-05-13Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. M. Vadivelu, M/A 73 years Door No.2/128, Valayapalayam, Setti Kuttai, Kunnathur, Tiruppur.

2. K. Sakunthala, F/A 48 years Daughter of Karupannagounder, Door No.46/1/7, Bhavani Main Road, Bhavani Taluk, Appakudal (tp) Sakthi Nagar Post, Erode 638 315.

... Petitioners vs.

State rep by The Inspector of Police, Kunnathur Police Station Tiruppur District.

(Crime No.68/2026) ... Respondent PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioners on anticipatory bail in the event of arrest by the respondent police in Crime No.68 of 2026.

For Petitioners:

Mr.M. Guruprasad For Respondent:

Mr.S. Balaji Government Advocate (Crl. Side) For Intervenor Mr. R. Praveen

ORDER

The petitioners, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 118, 296(b),351(3) of BNS Act, 2023 and under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in connection with Cr.No.68 of 2026, seek anticipatory bail. 2.

The case of the prosecution is that when the de facto complainant and her husband objected the entering of a water tank vehicle, which had entered into their private cart track under the instructions of the 1st petitioner, the petitioners abused the de facto complainant and her husband in filthy language and attacked them. Hence, the case.

3. The learned counsel for the petitioners would submit that the entire allegation against the petitioners is false and concocted and they are falsely implicated in the present case. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and would submit that there are three previous cases pending as against the petitioners and that the injured have been discharged.

5. Mr. R. Praveen, learned counsel for the intervenor would submit that the offences committed by the petitioners are grave in nature and hence, he strongly opposed to grant of anticipatory bail to the petitioners.

6. Heard both sides and perused the materials available on record.

7. Considering the rival submissions on either side, the nature of offences charged against the petitioners and the fact that the injured have been discharged from the Hospital and there is a civil suit pending between the parties, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions.

8. 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 District Munsif cum Magistrate, Uthukulli, on condition that each petitioner 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 report before the respondent-police on every Saturday at 10.30 a.m. for a period of four weeks and thereafter, as and when required when required for interrogation.

[b] 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; [c] the petitioners shall not leave India without the previous permission of the Court;

[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 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].

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

13.05.2026 bga/dh 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 official website of this Court will be watermarked and will also have a QR code.

To

1. The District Munsif cum Magistrate, Uthukulli. 2.The Inspector of Police, Kunnathur Police Station Tiruppur Distric.

3. The Public Prosecutor, High Court, Madras.

P. DHANABAL,J.

bga/dh 13.05.2026