Muthusamy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Muthusamy S/o. Chokkalingam 15/10, Ramasamy Gounder Street, Pongaliur, Kottur, Anamalai Taluk, Coimbatore District.

2. Vignesh S/o. Muthusamy, 15/10, Ramasamy Gounder Street, Pongaliyur, Kottur Anamalai Taluk, Coimbatore District.

..Petitioner(s) Vs The State rep by Inspector of Police, Gudimangalam Police station, Tiruppur District.

(Crime No.95/2026) ..Respondent(s) PRAYER : To enlarge the Petitioners on Bail in the event of arrest in Crime No.95/2026, on the file of the Respondent Police subject to such conditions that may be imposed by this Hon'ble Court and thus render justice. For Petitioner(s):

Mr.A.Jahan For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl Side)

ORDER

The petitioners, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 296(b) and 118(1) of BNS 2023 corresponding Sections 294(b) and 324 of IPC and under Section 4 of Tamil Nadu Prohibition of Harassment of Women (Amendment) Act, 2002 in connection with the case in Crime No.95 of 2026, seek anticipatory bail.

2. The case of the prosecution is that the petitioner's family and the defacto complainant's family are acquainted with each other and the daughter of the petitioner and the defacto complainant got married and out of wordy altercation, the petitioner along with his family members alleged to have harassed and assaulted the defacto complainant. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioners are innocent and they have been falsely implicated in this case and that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that there is no previous case against the petitioners and hence, he strongly opposed to grant anticipatory

bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the nature of offences, injured was discharged from the hospital and there is no bad antecedent against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

7. 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Udumalpet, on condition that the 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of

their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioners shall report before the respondent police for a period of four weeks at 10.30 a.m., until further orders. [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 abscond, a fresh FIR can be registered under Section 269 B.N.S.

13-05-2026 Index: Yes/No Speaking/Non-speaking order MTL/SSB

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.

To

1. The learned Judicial Magistrate No.II, Udumalpet.

2. The Inspector of Police, Gudimangalam Police station, Tiruppur District.

(Crime No.95/2026) 3.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

MTL 13-05-2026