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Madras High CourtCRL OP(MD)/7425/2026granted

Krishnamoorthy v. State Of Tamilnadu Rep By Inspector Of Police, Sivakasi East

2026-04-16Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL

1. Krishnamoorthy

2. K.Gowri ... Petitioners/Accused No.

1&2 Vs State of Tamilnadu Rep by, The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

Crime No.193/2026.

... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No.193/2026 on the file of the respondent police For Petitioner : N Dilipkumar, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2) & 351(3) of BNS, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.193 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the first petitioner is none other than the brother of the complainant and the second petitioner is the wife of the first petitioner. On 04.04.2026 at about 10.00 a.m, due to the dispute in laying the water pipe line, the petitioners are said to have abused the complainant in filthy language and attacked the defacto complainant and his wife and threatened them with dire consequences. Hence, this 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. He would further submit that it is a case and case in counter and the injured were discharged from the hospital and no previous cases is pending against the 2/6

petitioners. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) would submit that due to the dispute in laying the water pipe line, the petitioners are said to have abused the complainant in filthy language and attacked the defacto complainant, his wife and his son and threatened them with dire consequences. Hence, he opposes to grant anticipatory bail to the petitioners. However, he fairly conceded that it is a case and case in counter and the injured were discharged from the hospital and no previous cases is pending against 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 the relationship between the parties as brothers and it is a case and case in counter and the injured were discharged from the hospital and no previous cases 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) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sivakasi, and on further conditions that:

[b] the petitioners shall report before the respondent police, 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) 16.04.2026 dss To 1.The Judicial Magistrate No.II, Sivakasi.

2.The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

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

5/6

P. DHANABAL,J dss

ORDER

IN CRL OP(MD) No.7425 of 2026 Date : 16/04/2026 6/6