P Mahalingam v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL P Mahalingam ... Petitioner/Accused No.1 Vs The State of Tamil Nadu Rep By, The Inspector of Police, Peraiyur Police Station, Madurai District.

Cr.No.178 of 2025. ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Cr.No.178 of 2025 on the file of the respondent police.

For Petitioner : A.Sivasubramanian, Advocate.

For Respondent : Mr.N.Balasubramanian, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2), 324(4), 351(2) r/w Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 1998, in Crime No.178 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the first petitioner is the husband of the defacto complainant. Due to difference of opinion, the first petitioner and the defacto complainant living separately. In such circumstances, on 16.012.2025 at about 05.30 p.m, the petitioner along with other accused trespassed into the house of the defacto complainant and abused her in filthy language and attacked her with bare hands. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He would further submit that A2 & A3 who are the parents of the petitioner was already granted anticipatory bail by this Court dated 09.01.2026. Hence, he prays to grant 2/6

anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that it is a matrimonial dispute between the petitioner and the defacto complainant and this Court, already granted anticipatory bail to the in-laws of the defacto complainant and directed the parties to appear for counselling and in the counselling, the matter has not been settled between the parties.

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

6. Considering the rival submissions on either side and the nature of offences charged against the petitioner, and it is a matrimonial dispute between the parties and already this Court granted anticipatory bail to the petitioners 2 & 3 in this petition and the matter has already been referred to counselling and even in the counselling, the matter has not settled between the parties and no previous case is pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

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[a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Peraiyur, 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 concerned and on further conditions that:

[b] the petitioner shall report before the respondent police, every Saturday at 10.30 a.m. for a period of 4 weeks, and thereafter as and when required for the interrogation.

[c] the petitioner shall not commit any offences of similar nature.

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

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. 4/6

[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.

(P D B J) 04.06.2026 dss To 1.The District Munsif cum Judicial Magistrate, Peraiyur. 2.The Inspector of Police, Peraiyur Police Station, Madurai District.

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

P. DHANABAL,J dss 5/6

ORDER

IN CRL OP(MD) No.220 of 2026 Date : 04/06/2026 6/6