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Madras High CourtCRL OP(MD)/1076/2026granted

Dhanapaul v. State Of Tamilnadu Rep By Inspector Of Police, Thattarmadam

2026-01-22Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.01.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Dhanapaul 2.Jeyaseelan ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Thattarmadam Police Station, Thattarmadam, Thoothukudi District.

(Crime No.266 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.Anandraj Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.266 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 18.12.2025 for the offences punishable under Sections 296(b), 115(2), 109(1), 351(3) of BNS (294(b), 323, 307, 506(ii) of IPC) and Section 4 of TNPHW Act, in Crime No.266 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that there was a money dispute pending between the petitioners and the defacto complainant, as a result of which, the petitioners had abused the defacto complainant in filthy language and assaulted her with wooden stick and by pouring hot water over her and also threatened her with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 2/6

18.12.2025. Hence, he seeks bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that there are no previous case pending against the petitioners and the injured person has been discharged from the hospital. Hence, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a separate 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, Sathankulam, and on further conditions that :- 3/6

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall stay at Madurai and report before the Inspector of Police, Thallakulam Police Station, Madurai, daily at 10.30 a.m., until further orders..

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. 4/6

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

(S S Y J) 22.01.2026 msrm To

1. The learned Judicial Magistrate, Sathankulam.

2. The Superintendent, Central Prison, Palayamkottai.

3. The Inspector of Police, Thattarmadam Police Station, Thattarmadam, Thoothukudi District.

4.The Inspector of Police, Thallakulam Police Station, Madurai.

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

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.1076 of 2026 Date : 22.01.2026 6/6