Arul Murugan v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Arul Murugan No.1/69, Chttiyar Thottam, Kamalkuttai, Uthukuli Taluk, Tiruppur District.

..Petitioner(s) Vs The state represented by:

The Inspector of Police Saravampatty Police Station, Coimbatore City, Coimbatore District.

[Crime no. 161 of 2026] ..Respondent(s) PRAYER: These Criminal Original Petitions have been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail pending investigation in Cr. No.161 of 2026 on the file of the respondent police. For Petitioner(s):

M/S. K.Govi Ganesan For Respondent(s):

Mr.S.Yogaraja Sekar, Government Advocate (Criminal side) Mr. R.Anbazhagan For Intervenor:

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.04.2026 for the alleged offences under Sections 296(b), 115(2), 324(4) and 351(3) of B.N.S. and Section 4 of Tamil Nadu Prohibition of Harassment Act in Crime No.161 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 02.04.2026, during the funeral ceremony conducted at the defacto complainant's residence, the petitioner along with other accused, abused the defacto complainant in filthy language, assaulted and threatened her with dire consequences. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner and the defacto complainant are husband and wife and there was matrimonial dispute going on among them and A2 is the brother of the defacto complainant. The learned counsel would further submit that on account of a property dispute, a false complaint has been registered against the petitioner and hence prays for grant of bail to the petitioner.

4. However, the learned counsel appearing for the intervenor and the learned Government Advocate (Criminal side) appearing for the respondent police would submit that if the petitioner is enlarged on bail, it would become a life threat to the defacto complainant and strongly opposed the bail application.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. Though such allegations are made, prima-faciely this Court is of the view that the issue is between the husband and wife and taking into consideration of the charges against the petitioner and upon considering the

long incarceration of the petitioner since 25.04.2026, this Court is of the view that further incarceration of the petitioner is not required for the purpose of investigation and therefore, this Court is inclined to enlarge the petitioner on bail, subject to the following stringent conditions:

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-five Thousand only) with two sureties each, for a like sum to the satisfaction of the Judicial Magistrate, Additional Mahila Court, Coimbatore and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m. and 5.30 p.m. for a period of 30 days and thereafter as and when requited by the investigation officer for interrogation; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned

Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]:

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

05-06-2026 [2/2] MJS 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 Judicial Magistrate, Additional Mahila Court, Coimbatore

2. The Inspector of Police, Saravampatty Police Station, Coimbatore City, Coimbatore District.

3. The Superintendent of Police, Central Prison, Puzhal, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 05-06-2026 [2/2]