Thangabalu v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Thangabalu S/o.Parameswaran, No.50, New Shceme Road, Kamarajapuram, Rathinasabapathy Puram, Coimbatore District - 641 002 Petitioner(s) Vs The State Rep By Its, The Inspector of Police, RS Puram Police Station, Coimbatore.

Respondent(s) PRAYER:- The Criminal Original Petition is filed under Section 483 of B.N.S.S., praying to enlarge the petitioner on bail connected in Cr.No.524 of 2025 on the file of the respondent, Police.

For Petitioner(s):

Mr.S.Manoj Vasanth For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

The petitioner / Accused, who was arrested and remanded to judicial custody for more than 51 days for the offence punishable under Sections 109,

118(1), 296(b), 351(3) of BNS and Section 4 of TNPHW Act on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner picked up quarrel with the defacto complainant's husband and abused him with filthy language and attacked him with broken bottle and caused blood injuries to the defacto complainant and further the petitioner threatened them with dire consequences. Hence the case.

3. The learned counsel for the petitioner would contend that the allegations pertains to sudden quarrel and there is no material to show any premeditation or intention to commit an offence attracting Section 351(3) of BNS, which is wrongly and mechanically invoked. Further, there is not medical opinion establishing grievous injuries. The petitioner is in judicial custody for more than 51 days. Therefore prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that the petitioner picked up quarrel with the defacto complainant's husband and abused him with filthy language and attacked him with broken bottle and caused blood injuries to the defacto complainant and further the petitioner threatened them with dire consequences. He would further submit that there are five previous case against the petitioner. The injured suffered grievous injuries and

underwent two surgeries. Hence, opposed for granting bail.

5. Heard both sides and perused the materials available on record.

6. Considering the nature of offences and the fact that the injured was discharged from hospital and also the fact that though there was five other cases registered against the petitioner, all the cases are not similar in nature and in those cases the petitioner was granted bail and also taking note of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:- [a] Accordingly, the petitioner is ordered to be released on bail on condition to 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 learned Judicial Magistrate, Additional Mahila Court, Coimbatore and on further conditions that:

[b] the petitioner shall report before the Sulur Police Station, daily at 10.00 am, until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement,

threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

26-12-2025 rst Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Judicial Magistrate, Additional Mahila Court, Coimbatore.

2.The Inspector of Police, RS Puram Police Station, Coimbatore, 3.The Public Prosecutor, Madras High Court.

P.DHANABAL J.

rst 26-12-2025