R Sumathi v. State Of Tamilnadu Rep By Inspector Of Police, Sendhamaram
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2026 PRESENT The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR R Sumathi ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Sendhamaram Police Station, Tenkasi District.
(Crime No. 166 / 2026). ... Respondent/Complainant For Petitioner : Mr. Veldurai T, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No. 166 of 2026 on the file of the Respondent Police ORDER : The Court made the following order :- 1/6
The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 126(2), 109(1), 118(1), 351(3), 61(2) and 49 of BNS, 2023 r/w. Section 4 of TN Prohibition of Harassment of Women Act, in Crime No.166 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that, due to a family dispute, the petitioner herein is alleged to have entered the house of the defacto complainant and attacked her with sharp-edged weapons and also abused her in filthy language. Hence, a case has been registered against the accused for the aforesaid offences. Hence, this petition.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) fairly submits that due to previous motive between the defacto complainant and the 2/6
petitioner, the occurrence happened and injured was discharged from the hospital and also the petitioner has no previous case. However, he opposes to grant anticipatory bail to the petitioner.
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 and considering the facts that the injured was discharged from the hospital and no previous case is pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, on condition that the petitioner 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 learned Judicial Magistrate, Tenkasi, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:
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[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 Aadhar card or Bank pass Book to ensure heir identity;
[b] the petitioner shall report before the respondent police once in a week i.e., on every Monday at 10.30 a.m. until further orders;
[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 petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in 4/6
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.
(R V J) 20.05.2026 TRP TO
1. Judicial Magistrate, Tenkasi
2. Inspector of Police, Sendhamaram Police Station, Tenkasi District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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R.VIJAYAKUMAR,J TRP
ORDER
IN CRL OP(MD) No.9414 of 2026 Date : 20/05/2026 6/6