P.Kallathiyan @ Raj v. State Of Tamilnadu Rep By Inspector Of Police, Tirunelveli Taluk

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL P.Kallathiyan @ Raj

...Petitioner/Accused No.1

Vs State of Tamil Nadu rep. by The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

(Crime No. 846 of 2025)

...Respondent/Complainant

For Petitioner :Mr.M.Perumal Advocate.

For Respondent :Mr.M.Karunanithi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 846 of 2025 on the file of the respondent police. 1/8

ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2) and 351(3) of BNS, 2023 and Section 4 of TNPHW Act, in Crime No.846 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are husband and wife. Due to matrimonial dispute between the petitioner and the defacto complainant, the petitioner and his family members attacked her with hands and the petitioner strangulated the neck of her and abused her in filthy language and also threatened her with dire consequences. Hence, the case.

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3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case and he is no way connected in the above said incident. He would further submit that due to matrimonial dispute, he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police submits that the petitioner has 9 previous cases. He further submits that the injured sustained only simple injury and she was discharged from the hospital. However, he opposes to grant anticipatory bail to the petitioner, as the investigation is pending.

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

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6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and there was a matrimonial dispute between the petitioner and the defacto complainant, though the petitioner has 9 previous cases, in all cases, he was granted bail and also considering the fact that the injured sustained only simple injury and she was discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 Additional Mahila 4/8

Court, Tirunelveli, and on further conditions that:

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

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

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

[e] the petitioner 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 petitioner in accordance with law as if 5/8

the conditions have been imposed and the 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) 27.03.2026 vsg To 1.The learned Judicial Magistrate Additional Mahila Court, Tirunelveli.

2.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

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

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 6044 of 2026 Date : 27.03.2026 8/8