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Madras High CourtCRL OP(MD)/1140/2026granted

Arumugam v. The State Of Tamil Nadu

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 Arumugam ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Thanjavur West Police Station, Thanjavur District.

(Crime No.498 of 2025) ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran 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.498 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.12.2025 for the offences punishable under Sections 77 and 351(2) of BNS 2023, in Crime No.498 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 10.12.2025, the defacto complainant was taking bath in the backyard of her house, at that time, the petitioner was watching her and in turn, the defacto complainant questioned him. Further, the petitioner had threatened the defacto complainant with dire consequences. 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 and he is in judicial custody from 12.12.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that there are no previous case pending against the petitioner. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing 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 (Magistrate Level), Thanjavur, and on further conditions that :- [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 petitioner shall report before the respondent police daily at 10.30 a.m., until further 3/6

orders. Further, the petitioner shall not threatened or intimidate the defacto complainant and he shall not visited the house of the defacto complainant. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner 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 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].

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

(S S Y J) 22.01.2026 msrm 4/6

To

1. The learned Judicial Magistrate (Additional Mahila Court (Magistrate Level) Thanjavur.

2. The Superintendent, Sub Jail, Thanjavur.

3. The Inspector of Police, Thanjavur West Police Station, Thanjavur District.

4. 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.1140 of 2026 Date :22.01.2026 6/6