Arul Basker v. The State Of Tamilnadu Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Arul Basker, S/o.Thaira Innaci ... Petitioner/Sole Accused Vs.
The State of Tamil Nadu Rep.By, the Inspector of Police, V.K.Puram Police Station, Tirunelveli District.
(Crime No.290 of 2026) ... Respondent/Complainant For Petitioner : Mr.S.Sathya Chidambaram, Advocate For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.290 of 2026 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 303(2), and 351(3) of BNS, 2023, read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.290 of 2026 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 differences of opinion, they have been living separately. In these circumstances, on 02.03.2026, the petitioner went to the de-facto complainant's house, assaulted her, abused her in filthy language, and threatened her with dire consequences. It is alleged that the petitioner stole 5 sovereigns of gold jewels and a sum of Rs.10,00,000/- that was kept in her house. Hence, the present case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is 2/7
ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the issue pertains to a matrimonial dispute and that the petitioner assaulted the de-facto complainant, abused her in filthy language, threatened her with dire consequences, and further took 5 sovereigns of gold jewels and a sum of Rs.10,00,000/- from the house of the de-facto complainant. Hence, he opposed the grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also the fact that the issue pertains to a matrimonial dispute, and that the petitioner is ready and willing to deposit a certain amount to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner 3/7
shall 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, Ambasamudram, Tirunelveli District, within a period of fifteen days from the date on which the order copy was made ready and on further conditions that:
[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Rupees only) to the credit of Crime No.290 of 2026 before the learned Judicial Magistrate, Ambasamudram, Tirunelveli District. On such deposit, the learned Judicial Magistrate, Ambasamudram, Tirunelveli District, shall accept the sureties furnished by the petitioner. After receipt of entire amount, the learned Judicial Magistrate, Ambasamudram, Tirunelveli District, shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank 4/7
initially for a period of one year and renew them periodically until the final order/Judgment is passed in the case in Crime No.290 of 2026. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment; [c] the petitioner shall report before the respondent police daily at 10.30 a,m., for a period of one week and thereafter, as and when required for interrogation;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial.
[f] On breach of any of the aforesaid conditions, the learned 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 is released on bail by the learned Magistrate/Trial Court himself as laid down by the 5/7
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 of BNS.
(S S Y J) 06.05.2026 mkn 6/7
S.SRIMATHY, J.
mkn To 1.The Judicial Magistrate, Ambasamudram, Tirunelveli District.
2.The Inspector of Police, V.K.Puram Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN 06.05.2026 7/7