Chinnathambi v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Thallakulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.02.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Chinnathambi ... Petitioner/Accused Vs 1.State of Tamilnadu Rep by, The Inspector of Police, All Women Police Station, Thallakulam, Madurai District.

Crime No.20/2025.

2.P.Keerthigadevi ... Respondents (2nd respondent is suo motu impleaded in this petition vide order dated 17.11.2025 by SSYJ) For Petitioner :Mr.S.Anandhakumar For Respondent :Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.20 of 2025 on the file of the respondent police 1/7

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 85, 115(2), 296(b) of BNS Act, 2023, r/w Section 4 of TNPHW 2002, in Crime No.20 of 2025 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. Due to some matrimonial dispute, the defacto complainant was living in her parents home, at that time, the petitioner went to her parents house and abused the defacto complainant using filthy language and attacked her using plastic chair and also attacked her family members also. Hence, the complaint.

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3. The learned counsel for the petitioner submitted that the petitioner has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that it is a matrimonial dispute and the petitioner has no previous cases and the specific overtact against the petitioner is that he attacked the defacto complainant and her family members using chair. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and even though this Court posted the matter before the Mediation for settlement, the defacto complainant has not appeared and also 3/7

considering the fact that the it is a matrimonial dispute, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his 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, No.II, Madurai, Madurai District, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

[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;

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[b] the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks 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 is 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];

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

(S S Y J) 03.02.2026 vsg TO 1.The Judicial Magistrate, No.II, Madurai, Madurai District.

2.The Inspector of Police, All Women Police Station, Thallakulam, Madurai District.

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

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S.SRIMATHY,J., vsg

ORDER

IN CRL OP(MD) No.20340 of 2025 Date : 03.02.2026 7/7