Mathankumar v. State Of Tamilnadu Rep By Inspector Of Police, Austinpatti
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6910 of 2026 K.Mathankumar ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Aistinpatti Police Station, Madurai District.
(Crime No.45 of 2026)
...Respondents/Complainant
For Petitioner : Mr.S.Santhana Karuppu Advocate.
For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 45 of 2026 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, in Crime No.45 of 2026, on the file of the respondent police, seeks 1/6
anticipatory bail.
2. The case of the prosecution is that due to previous enmity between the petitioner and the defacto complainant's sister, who are husband and wife, the petitioner along with his sons and one Raji assaulted the defacto complainant. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. There is matrimonial dispute between the parties. The defacto complainant is his brother-in-law. With regard to the matrimonial dispute only there are 8 previous cases against the petitioner. They have purposely foisted the cases one after another. Hence, he prays to grant Anticipatory Bail to the petitioner.
4. The learned Government Advocate (Crl. Side) fairly submits that the offences are grave in nature. There is matrimonial dispute between the parties. Due to which the petitioner along with other accused attacked the defacto complainant and also threatened him. Already the petitioner was arrested and 2/6
released on bail. But, in this present crime number he was not arrested. The petitioner has 13 previous cases. Hence, he vehemently opposed the grant of anticipatory bail to the petitioner. Injured discharged from the hospital. Investigation is still pending.
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 petitioner, injured discharged from the hospital and there is matrimonial dispute between the parties, the defacto complainant is none other than his wife's brother, already divorce was granted to the petitioner and the defacto complainant's sister by the competent Court, thereby there is a dispute between them, though the petitioner has many previous cases, in all those cases, he was granted anticipatory bail and also considering all the facts and circumstances of the case, 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, 3/6
Thirumangalam and on further conditions that: [b] the petitioner shall report before the respondent police, at 10.30 a.m., on every Saturday for a period of four weeks, 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 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 B.N.S.
(P D B J) 08.04.2026 TM 4/6
To 1.The Judicial Magistrate, Thirumangalam.
2.The Inspector of Police, Aistinpatti Police Station, Madurai District.
(Crime No.45 of 2026) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL, J.
TM
ORDER
IN CRL OP(MD) No. 6910 of 2026 Date : 08.04.2026 6/6