← Library
Madras High CourtCRL OP(MD)/5808/2026granted

Parthiban v. State Of Tamilnadu Rep By Inspector Of Police

2026-03-25Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/03/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL

1. Parthiban,

2. Vinoth, ... Petitioners/Accused Vs State of Tamilnadu Rep by Inspector of Police, Nachiyarkoil Police Station, Thanjavur District.

(Cr.No. 162 of 2026).

... Respondent/Complainant For Petitioner : Mr.Jayapal M., For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No. 162 of 2026 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 296(b), 74, 351(2) of BNS, in Crime No.162 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the first petitioner and the defacto complainant are husband and wife and due to misunderstandings between them, they are living separately. In such circumstances, on 01.03.2026, when the defacto complainant attended a temple function, the petitioners herein picked a quarrel with her and caused injuries to her. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they are no way connected in the above said incident. They have not 2/6

committed any offence as alleged by the prosecution. He would further submitted that the injured has been discharged from the hospital. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) would submit that due to family dispute, the petitioners attacked the defacto complainant and caused injuries to her and also submitted that the injured was discharged from the hospital. He further submitted that the petitioners have no previous cases. However, he opposes to grant anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioners and considering the facts that the injured was discharged from the hospital and no previous case is pending against the petitioners, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions: 3/6

[a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kumbakonam, and on further conditions that:

[b] the petitioner shall report before the respondent police, on every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation.

[c] the petitioners shall not commit any offences of similar nature.

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

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial 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 4/6

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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 25.03.2026 tta TO 1.The learned Judicial Magistrate No.II, Kumbakonam. 2.Inspector of Police, Nachiyarkoil Police Station, Thanjavur District.

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

5/6

P. DHANABAL,J tta

ORDER

IN CRL OP(MD) No.5808 of 2026 Date : 25/03/2026 6/6