Thangapadi v. State Of Tamilnadu Rep By Inspector Of Police, Thenkarai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Thangapadi ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Thenkarai Police Station, Theni District.

Crime No.19/2026.

... Respondent/Complainant For Petitioner : Mr.Vishnu J Advocate.

For Respondent : Mr.S.S. Manoj Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.19/2026 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) and 109(1) of BNS, 2023 in Crime No.19 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein is said to have attacked the defacto complainant and abused him in filthy language in the drunken mood. Hence, the complaint.

3. The learned Government Advocate (Crl. side) submits that there is no previous case pending against the petitioner and the injured has already been discharged from the hospital.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police.

5. Considering the facts and circumstances of the case and also the 2/6

fact that the injured has already been discharged from the hospital and that there is no previous case pending against the petitoner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

5.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her 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, Periyakulam, 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; 3/6

(b) the petitioner shall appear before the respondent Police daily at 10.00 am for a period of four weeks and thereafter, as and when required for interrogation;

[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 SCW 5560].

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

(S S Y J) 28.01.2026 TRP TO

1. Judicial Magistrate, Periyakulam, Theni

2. Inspector of Police, Thenkarai Police Station, Theni District.

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

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S.SRIMATHY,J TRP

ORDER

IN CRL OP(MD) No.1495 of 2026 Date : 28/01/2026 6/6