Sudhakar v. State Of Tamilnadu Rep By Inspector Of Police, Palanichettypatti
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.01.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Sudhakar 2.Vel @ Velmurugan ... Petitioner/A1 & A3 Vs State of Tamilnadu Rep by, The Inspector of Police, Palanichettypatti Police Station, Theni District.
Crime No.24/2026.
... Respondent/Complainant For Petitioner : Mr.K.R.Manimaran, Advocate.
For Respondent : Mr.S.S.Manoj Government Advocate (Crl. Side) For Intervener : Mr.C.Jeganathan PRAYER :- C-32AB. For Anticipatory Bail in Crime No.24 of 2026 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(2), 109 and 351(3) of BNS, 2023 and Section 4 of TNPHW Act, in Crime No.24 of 2026, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant is the neighbour of one Madhavan and the petitioner had used filthy language in the presence of the said Madhavan's wife and hence, the said Madhavan reported the same to the defact complainant and the defacto complainant supported him. When he confronted the same to the petitioners, the petitioners attacked the defacto complainant with hands. 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 2/7
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. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) submitted that no one sustained injury and no previous case pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioner.
5.The learned counsel appearing for the intervener submitted that the defacto complainant's husband is working in Army and her wife is living alone. He further submitted that if anticipatory bail is granted to the petitioners, the petitioners may threaten the defacto complainant. Hence, he opposed to grant anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case and no one sustained injury and no previous case pending against the petitioners, this Court is 3/7
inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners 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 Judicial Magistrate Court, Theni, within a period 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 stay at Chennai and report before the Inspector of Polcie, Koyambedu Police Station, 4/7
Chennai, daily morning at 10.30 a.m,until further orders and the petitioner shall not threaten and intimidate the defacto complainant. No relaxation or extension petition will be considered for next two months;
[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[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 5/7
SCW 5560];
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
28.01.2026 vsg TO 1.The Judicial Magistrate Court, Theni.
2.The Inspector of Police, Palanichettypatti Police Station, Theni District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J., vsg
ORDER
IN CRL OP(MD) No.1200 of 2026 Date : 28.01.2026 7/7