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Madras High CourtCRL OP(MD)/11971/2026granted

Vinayagamoorthy v. State Of Tamilnadu Rep By Inspector Of Police, Jambunathapuram

2026-06-23Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Vinayagamoorthy ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Jambunathapuram Police Station, Trichy District.

Crime No.132 of 2026..

... Respondent/Complainant For Petitioner : Mr.K.Prakash For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.132 of 2026 on the file of the Respondent Police. 1/7

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 24.05.2026 for the offences punishable under Sections 85, 296(b), 118(1), 351(3) and 109 of BNS and Section 4 of TNPHW Act and Section 75 of Juvenile Justice (Care and Protection of Children) Act in Crime No. 132 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, due to a matrimonial dispute, on 24.05.2026, the petitioner allegedly caused harassment and mental distress to his wife, who is the defacto complainant. It is further alleged that, prior to the occurrence, the petitioner had harassed her with the hot soleplate of an iron box. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that prior to the occurrence, the defacto complainant has sustained injury and for that separate case has 2/7

been registered and as far as this case is concerned, nobody was injured in the occurrence. The petitioner has been arrested and remanded to judicial custody on 24.05.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that based on the complaint lodged by the defacto complainant, the case has been registered against the accused. The petitioner has 6 previous cases. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6.Considering the rival submissions made by the learned counsel on either side, the nature of the offence and according to the prosecution, there was a matrimonial dispute between the parties and due to previous occurrence, the victim sustained injury and for that separate 3/7

case has been registered and as far as this case is concerned, nobody was injured in the occurrence and further considering the fact that though the petitioner has previous cases to his credit, the petitioner has got bail in the previous cases registered against him and as well as taking into account of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on 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, Musiri, Trichy District, and on further conditions that: [b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks, thereafter, as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[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 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J) 23.06.2026 PNM 5/7

TO

1. The Judicial Magistrate, Musiri, Trichy District.

2. The Superintendent, Central Prison, Trichy

3. The Inspector of Police, Jambunathapuram Police Station, Trichy District.

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

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P. DHANABAL,J PNM

ORDER

IN CRL OP(MD) No.11971 of 2026 Date : 23/06/2026 7/7