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Madras High CourtCRL OP(MD)/1687/2026granted

K.Prabakaran v. State Of Tamilnadu Rep By Inspector Of Police, Thiruneelakudi

2026-02-10Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10-02-2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY K.Prabakaran Petitioner(s) Vs State Of Tamilnadu Rep By Inspector Of Police, Thiruneelakudi Police Station Thiruneelakudi, Thanjavur District.

(Crime No. 57 of 2026) Respondent(s) [ Crime number amended vide order of this Court dated 10.02.2026] For Petitioner(s) : M/s. B. Selvam For Respondent(s): Mr.S.S.Manoj, Government Advocate (crl . Side) Prayer: C-38 AB. For Anticipatory Bail in Crime No. 57 of 2026 on the file of the respondent Police.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 351(3) of BNS Act, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002 [amended vide order of this Court dated 10.02.2026] in Crime No. 57 of 2026, on the file of the respondent police, seeks anticipatory bail.

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2. The case of the prosecution is that due to previous enmity, the petitioner has attacked the defacto complainant and caused injuries. Hence, a case has been registered as against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. side) appearing for the respondent submitted that it is case and cased in counter and the injured was discharged from the hospital.

5. Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his 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 Judicial Magistrate Court, Thiruvidaimaruthur, Thanjavur District, 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 report before the respondent police 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.

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[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].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 10-02-2026 [2/2] KSA To 1.The Inspector Of Police, Thiruneelakudi Police Station Thiruneelakudi Thanjavur District.

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

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