K.Thangamani v. State Rep. By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL CRL OP No. 12801 of 2026 K.Thangamani S/o.Krishnamurthi, No.155, Mariamman Kovil Street, Chinna Karaikadu, Cuddalore District 607 005 ..Petitioners Vs State represented by, The Inspector of Police, B-1, Sivakanchi Police Station, Kancheepuram - 631 502.

Cr.No.105 of 2026 ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the Petitioner/Accused in the event of his arrest by the respondent police in connection with Cr.No.105 of 2026.

For Petitioner :

Mr.A.Jeeva For Respondent :

Mr.A.Gopinath Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351 (3) of BNS, 2023, in Crime No.105 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that, the de facto complainant is the wife of the petitioner. Due to matrimonial dispute between the petitioner and de facto complainant, the petitioner abused and assaulted the de facto complainant. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution. He submitted that there is a matrimonial dispute between the parties and there is a case in counter. He further submitted that there is no previous case pending against the petitioner. He further submitted that the petitioner is ready and willing to furnish substantial sureties for their due release and to abide by any conditions that may be imposed by this Hon'ble Court and therefore, they prayed to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent, reiterated the prosecution case and submitted that there is a matrimonial dispute between the parties. He further submits that the petitioner has no previous case as against him. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner.

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

6. Considering the submissions made by the learned counsel on either side, nature of offences, and also considering the fact that there are no previous cases pending against the petitioner and there is a matrimonial dispute between the parties, I am inclined to grant anticipatory bail to the petitioner on certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.1, Kancheepuram 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 petitioner 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 petitioner 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 for interrogation; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not leave India without the prior permission of the Court.

[f] 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 petitioner 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 abscond, a fresh FIR can be registered under Section 269 B.N.S. 2023.

8.

Accordingly, this Criminal Original Petition is ordered. 14-05-2026 Index: Yes/No Speaking/Non-speaking order jd/mrn

To

1. Judicial Magistrate Court No.1, Kancheepuram.

2. The Inspector of Police, B-1, Sivakanchi Police Station, Kancheepuram - 631 502.

Cr.No.105 of 20263.

3.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

jd/mrn CRL OP No. 12801 of 2026 14-05-2026