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Madras High CourtCRL OP(MD)/23936/2025granted

Manivannan v. State Of Tamilnadu Rep By Inspector Of Police, Thenkarai

2026-01-02Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/01/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY Manivannan, ... Petitioner Vs.

State of Tamilnadu Rep by Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

Crime No.796 of 2025.

... Respondent Petition filed under Section 482 BNSS PRAYER :- For Anticipatory Bail in Crime no.796 of 2025 on the file of the Respondent Police.

For Petitioner : Mr.S.Murugapandi, Advocate.

For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) For Intervenor : Mr.K.Sivabalan, Advocate

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 1/6

115(2), 351(3) and 303(2) of BNS 2023 and Section 4 of TNPHW Act, in Crime No.296 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that when the defacto complainant went to pick up her sister's daughter from the school, who is the daughter of the petitioner, the petitioner had threatened the defacto complainant in filthy language and pushed her, forcibly removed her gold chain and threatened to kill her, if she failed to produce the petitioner's child and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioner.

4. The learned counsel for the intervenor would submit that the injured is still in hospital, which is confirmed by the prosecution. 2/6

5. On perusing the photo, it seems that the defacto complainant is having some scratch otherwise, she is hale and healthy. Moreover, it is seen that it is a family dispute, the petitioner is having the custody of the male child. The grandfather is having the custody of the female child there is a dispute regarding the custody of children. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 6.Accordingly, this Petition is allowed and 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.

[b] the petitioner shall restrain from visiting the female child.

[c] 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. [d]the petitioner shall not tamper with the evidence or witness either during investigation or trial. [e]the petitioner shall not abscond either during investigation or trial.

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

02.01.2026 LS TO

1. The Judicial Magistrate, Periyakulam, Theni District 2.The Inspector of Police, Thenkarai Police Station, Periyakulam, Theni District.

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

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S.SRIMATHY,J LS

ORDER

IN CRL OP(MD) No.23936 of 2025 Date : 02/01/2026 6/6