A.T.Murugesan v. The State Of Tamilnadu, Rep. By The Insepctor Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. A.T.Murugesan S/o.Thalaku Thevar, Residing at Door No. 29/2, Muthuramalinga Thevar Nagar, Chinnamanur Town, Uthamapalayam, Theni District.
2. M.Muthuselvi W/o.A.T.Murugesan, Both are Residing at Door No. 29/2, Muthuramalinga Thevar Nagar, Chinnamanur Town, Uthamapalayam, Theni District.
..Petitioner(s) Vs The State represented by:
The Insepctor of Police, W-27, All Women Police Station, Vadapalani, Chennai - 26.
[Crime No.11/2026] ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners/A2 and A3 on bail in the event of their arrest in connection with Crime No.11/2026 on the file of the Respondent Police.
For Petitioner(s):
M/s.D.Thirumoorthy For Respondent(s):
Mr.N.Palanivel, Government Advocate (Crl.Side)
ORDER
The petitioners apprehend arrest for the alleged offences under Section 85 of BNS (corresponding to 498(A) of IPC) in Crime No.11 of 2026, on the file of the respondent police seek anticipatory bail.
2. The case of the prosecution is that the petitioners are the father in law and mother in law of the defacto complainant, who are A2 and A3 in this case and the husband of the de-facto complainant is A1. It is alleged that, due to matrimonial discord and family disputes between the A1 and the de-facto complainant, A1 subjected her to physical and mental cruelty, resulting in the registration of the present case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the defacto complainant and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and vehemently opposed to grant anticipatory bail to the petitioners.
5. I have given my anxious consideration to either side submissions. 6.From the submissions made by the learned counsel appearing on either side and the materials available on record, it is seen that the allegation against the accused is that the 1st accused suspected the fidelity of his wife, who is serving as a Grade-II Police Constable at Chennai. From the very nature of the allegations, it is evident that the dispute arises out of matrimonial discord. The First Information Report came to be registered on 05.06.2026. Considering the nature of the dispute and the attendant circumstances, this Court is of the considered view that the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate Saidapet on condition that the petitioners shall execute a 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 further conditions:
(a) If the petitioners fail to surrender before the concerned learned 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 two weeks 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];
(e) If the petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act.
25-06-2026 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, Saidapet, Chennai.
2. The Inspector of Police, W-27, All Women Police Station, Vadapalani, Chennai - 26.
3. The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN, J.
MJS 25-06-2026