Prabhu v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30/06/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR Prabhu ... Petitioner/Accused No.1 Vs The Tamil Nadu State Rep., by, The Inspector of Police, Thottiyam Police Station, Trichy District. (Crime No.187 of 2026). ... Respondent/Complainant PRAYER :-

For Anticipatory Bail in Crime No.187 of 2026 on the file of the Respondent Police. For Petitioner : K Arunraj, Advocate. For Respondent : Mr.P.Vetrivel, Government Advocate (Crl.Side) vORDER The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2), 49, 76 and 351(2) of BNS Act, 2023, in Crime No.187 of 2026, on the file of the respondent police seeks anticipatory bail.

¶2The allegation against the petitioner is that the petitioner developed extra marital relationship with the another woman and attempted to commit murder of defacto complainant by engaging hooligans. Hence, the case has been registered.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the alleged occurrence took place a few years ago. Hence, he prayed to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side), appearing for the respondent police, submitted that the apprehension stated by the defacto complainant is that she may be murdered by the petitioner. Further, she been continuously harassed by her husband, and the investigation is at a preliminary stage. Hence, he opposed to grant anticipatory bail to the petitioner.

¶5I have gone through the FIR and also the connected materials.

¶6The averments in the FIR reveal that already there are matrimonial proceedings, domestic violence proceeding and maintenance proceedings are pending between the parties, and the petitioner is also facing office proceedings, and this may be an attempt to commit murder, and even as per the FIR, at the instigation of another woman, the defacto complainant is being continuously harassed by the petitioner and to investigate the case of the nature, the custodial interrogation of the petitioner is not required. I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned District Munsif Cum-Judicial Magistrate, Thottiyam, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

30.06.2026 dss To

1.The District Munsif Cum-Judicial Magistrate, Thottiyam.

2.The Inspector of Police, Thottiyam Police Station, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K. RAJASEKAR,J DSS ORDER IN CRL OP(MD) No.12848 of 2026 Date : 30/06/2026