S.Peer Mohamed v. State Of Tamilnadu Rep By Inspector Of Police, Palani Town
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.05.2026 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR S.Peer Mohamed ... Petitioner/ Sole Accused Vs State through The Inspector of Police, Palani Town Police Station, Dindigul District.
(Crime No.402 of 2026) ... Respondent/ Complainant For Petitioner : Mr.H.Mohammed Farook Advocate.
For Respondent : Mr.S.Sivasubramanian Counsel for State of TN (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 of B.N.S.S.
PRAYER :- For Anticipatory Bail in Crime No.402 of 2026 on the file of the Respondent police.
1/6
ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b) and 115(2) of BNS and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.402 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, they are blessed with a son and they are now living separately. While so, on 18.05.2026, the petitioner abused the defacto complainant in filthy language and assaulted her, demanding custody of his son. Hence, the complaint.
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. 2/6
4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that no one sustained injury in this case and the petitioner is not having any previous case. 5.Considering the fact that there exists a family dispute between the parties, that no one sustained injury in this case and that the petitioner is not having any previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Palani, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:
3/6
[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 report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation;
[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[d]the petitioner shall not abscond either during investigation or trial;
[e]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 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];
4/6
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS, 2023. (K M S J) 27.05.2026 mbi TO
1. The Judicial Magistrate, Palani.
2.The Inspector of Police, Palani Town Police Station, Dindigul District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
K.MURALI SHANKAR,J mbi
ORDER
IN Date : 27.05.2026 6/6