Madras High CourtCRL OP(MD)/6329/2026granted

Suresh v. State Of Tamilnadu Rep By Inspector Of Police, Ilathur

2026-04-01Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6329 of 2026 Suresh ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Elathur Police Station, Tenkasi District.

(Crime No.47 of 2026)

...Respondent/Complainant

For Petitioner : Mr.R.J.Karthik Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 47 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 08.03.2026 for the offences punishable under Sections 296(b), 109(1), 351(3) of BNS and Section 4 of Tamil Nadu Prohibition of 1/6

Harassment of Women Act, 1998, in Crime No.47 of 2026, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous dispute, the accused person abused the defacto complainant with filthy language and attacked with scissors and caused injuries upon het and also threatened with dire consequences. Hence, she lodged a complaint. On the basis of the complaint lodged by the defacto complainant, the present case has been registered.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not involved in any offence as alleged in the FIR. Originally, the defacto complainant deserted her husband for more than 5 years and she was residing in her relative's house. There was a love affair between the petitioner and the defacto complainant. Due to misunderstanding, the petitioner lodged this false complaint. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that there is no previous case pending against the petitioner. 2/6

He would further submit that the injured in this case has been discharged from the hospital and there was love affair between the petitioner and the defacto complaint. There was some dispute between the parties. He attacked the defacto complainant with scissors. Hence, he opposed the grant of bail.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, considering the relationship between the parties, there is no previous case against the petitioner, the injured discharged from the hospital and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on 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 Judicial Magistrate, Shencottai, and on further conditions that:

[b] the petitioner shall report before the respondent police 3/6

daily at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [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 the conditions have been imposed and the petitioner 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 BNS.

(P D B J) 01.04.2026 TM 4/6

To 1.The Judicial Magistrate, Shencottai.

2.The Inspector of Police, Elathur Police Station, Tenkasi District.

(Crime No.47 of 2026) 3.The Superintendent, Central Prison, Palayamkottai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

ORDER

IN CRL OP(MD) No. 6329 of 2026 Date : 01.04.2026 6/6