Madras High CourtCRL OP(MD)/14214/2025allowed

Prabu v. The State Of Tamilnadu Rep.By

2025-08-28Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28.08.2025 PRESENT THE HONONOURABLE MR.JUSTICE B.PUGALENDHI

1. Prabu

2. Dhanavel

3. Padhmavathy

4. Prakash ... Petitioners Vs The State of Tamilnadu Rep by the Inspector of Police, Natchiyarkovil Police Station, Thanjavur District.

(Crime No.387 of 2025) ... Respondent For Petitioners : Mr.Arun For Respondent : Mr.B.Thanga Aravindh Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 BNSS PRAYER :- For Anticipatory Bail in Crime No.387 of 2025 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 police for the alleged offence punishable under Sections 296(b), 115(2), 118(1), 133, 351(2) and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, in Crime No.387 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the first petitioner is the husband of the defacto complainant and there was a family dispute, during which, the petitioners attacked the defacto complainant with hands and caused injuries. Hence, the complaint.

3.The learned counsel appearing for the petitioners submits that the petitioners are innocents persons and they did not commit any offence as alleged by the prosecution. He further submits that there was a family dispute and a false case has been given. Hence, he seeks anticipatory bail to the petitioners. 4.The learned Government Advocate(Crl.side) appearing for the respondent Police submits that based on the complaint given by 1st petitioner's wife, the case 2/5

was registered against the petitioners for the offence punishable under Sections 296 (b), 115(2), 118(1), 133, 351(2) and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, in Crime No.387 of 2025. He further submits that the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the fact that it is a matrimonial dispute between the 1st petitioner and the defacto complainant, the respondent police is directed to refer the matter to the Social Welfare officer concerned. The 1st petitioner and the defacto complainant shall appear before the Social Welfare Officer. The respondent police is directed not to harass the petitioners. The respondent police shall take further course of action based on the report of the Social Welfare Officer.

6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners.

7.Accordingly, this criminal original petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the 3/5

learned Judicial Magistrate No.II, Kumbakonam, on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kumbakonam, and on further conditions that: i. The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; ii. The petitioners shall appear before the respondent police daily at 10.30 am for a period of fifteen days and thereafter, as and when required. They have to co-operate for the investigation. iii. The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well.

iv. On violation of any of the above conditions by the petitioners, 4/5

the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 28/08/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm TO 1 The Learned Judicial Magistrate No.II, Kumbakonam.

2 The Inspector of Police, Natchiyarkovil Police Station, Thanjavur District.

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

+1 CC to M/s.B.ARUN, Advocate ( SR-9372[I] dated 29/08/2025 )

ORDER

IN CRL OP(MD) No.14214 of 2025 Date :28/08/2025 NM/04.09.2025/ 5P/C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5