Mageshkumar v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Thoothukudi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2026 PRESENT The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR 1.Mageshkumar 2.Muthumeena 3.Rajkumar ... Petitioners / Accused 1 to 3 Vs The State represented by The Inspector of Police, All Women Police Station, Thoothukudi District, (Crime No.16 of 2026).
... Respondent/Complainant For Petitioners : Mr.N.Mahesh Saravanan For Respondent : Mr.A. Albert James, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.16 of 2026 on the file of the respondent Police.
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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 296(b), 85, 86 & 91 of BNS in Crime No.16 of 2026 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to matrimonial dispute, the defacto complainant alleged that the petitioners subjected her to harassment, abused her in filthy language and caused mental and physical cruelty. Therafter, a case has been registered in Crime No.16 of 2026 on the file of the respondent police. Hence, this petition.
3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He further submits that the defacto complainant has already initiated matrimonial proceedings by filing H.M.O.P.No.243 of 2025 for divorce before the Family Court, Thoothukudi and also filed D.V.C.No.45 of 2025 before the learned 2/6
Judicial Magistrate No.1, Thoothukudi. Hence, he prays for the grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) fairly submits that it is purely a civil dispute and that investigation is still pending. Hence, he opposes the grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made on either side and the nature of the offences charged against the petitioners, I am inclined to grant anticipatory bail to the petitioners subject to certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Thoothukudi, 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 petitioners 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 petitioners shall report before the respondent police on the 1st day of every month at 10.30 a.m. until further orders;
[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 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, 2023.
20.05.2026 rmi TO
1. The Judicial Magistrate No.IV, Thoothukudi.
2. The Inspector of Police, All Women Police Station, Thoothukudi District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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R.VIJAYAKUMAR,J rmi
ORDER
IN CRL OP(MD) No.9660 of 2026 Date : 20/05/2026 6/6