Thenmalai Thenkumaran v. State Of Tamilnadu Rep By Inspector Of Police, Tharuvaikulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Thenmalai Thenkumaran ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Tharuvaikulam Police Station, Tharuvaikulam, Thoothukudi District.

Crime No.187/2025.

... Respondent/Complainant For Petitioner : Mr.A.D.Ganeshamoorthi, Advocate.

For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PRAYER :- C-33AB.For Anticipatory Bail in Crime No. 187/2025 on the file of the respondent police ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2),351(2) Of BNS, 2023, r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.187 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons have abused the defacto complainant in filthy language threatened her with dire consequences and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) submitted that the defacto complainant is none other than the wife of the petitioner and there was simple injury. He further submitted that there are eight previous cases pending against the petitioner and it is a case and case in counter. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and considering the nature of offence and also it is a case and case in counter, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 learned Judicial Magistrate, Ottapidaram, Thoothukudi, within a period 3/6

of fifteen days from the date on which the order copy is made ready 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 Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall report before the respondent police daily twice ie., morning at 10.30 a.m, and evening at 05.30 p.m, until further orders; the petitioner shall not enter into the street, house, or work place of the defacto complainant and shall not intimidate or threaten her; No relaxation petition will be entertained for the next three months;

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial;

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

[e]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 is 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];

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

07.01.2026 PJL 5/6

S.SRIMATHY,J PJL TO

1. Judicial Magistrate, Ottapidaram, Thoothukudi.

2.The Inspector of Police, Tharuvaikulam Police Station, Tharuvaikulam, Thoothukudi District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.134 of 2026 Date : 07/01/2026 6/6