Thangarasu v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.Thangarasu 2.Lakshmi ... Petitioners Vs.

State Rep. by The Inspector of Police, Thevoor Police Station, Salem District.

(Crime No.26 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.26 of 2026 pending investigation on the file of the respondent police. For Petitioners : Mr.A.Lakshminarayana For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side) 1/6

ORDER

The petitioners apprehend arrest for the alleged offences under Sections 296(b), 115(2), 117(3) and 351(2) of BNS, in Crime No.26 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioners are husband and wife and that the first petitioner is a practicing Advocate and that on the date of occurrence, the second petitioner bitten the finger of the de facto complainant. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submitted that they have also filed a counter complaint against the de facto complainant was registered in Crime No.27 of 2026. He further submitted that they are ready to abide any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners. 2/6

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the injured has been discharged from the hospital on 28.01.2026. However, he opposed the grant of anticipatory bail to the petitioner.

5. Taking into consideration of the totality of the circumstances and and the fact that the de facto complainant has already been discharged from the hospital on 28.01.2026, this Court is of the firm view that, at this length of time, further custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Sangakiri, Salem District, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on 3/6

further conditions:

(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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 identify proofs to ensure their identity;

(c) the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of one week, and thereafter as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

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(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 12.06.2026 cda To 1.The Judicial Magistrate No.I, Sangakiri, Salem District. 2.The Inspector of Police, Thevoor Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN, J.

cda 12.06.2026 6/6