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2026 DAILYLAW 20122 (MAD)

Balaganesan v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Rajapalayam

CRL OP(MD)/2566/2026 · 2026-03-30

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No. 2566 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 2566 of 2026 1.Balaganesan 2.Kangaraj 3.Murugeshwari 4.Jothika 5.Madasamy ...Petitioners/Accused Vs 1. State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Virudhunagar. (Crime No. 51 of 2025 ) 2. B.Jothi Lakshmi (R2 is suo motu impleaded vide order dated 09.02.2026 in Crl.O.P.(MD) No.2506 of 2026) ...Respondent/Complainant For Petitioners : Mr.M.Suresh Advocate. For R-1 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 2566 of 2026 For R-2 : Mr.G.Karuppasamy Pandian PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 51 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 498(A), 294(b), 406, 506(i) of IPC in Crime No. 51 of 2025 on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that the first petitioner and the defacto complainant are husband and wife and upon demanding additional dowry from the defacto complainant, the petitioners abused her with filthy language. Hence, the case. 3. The learned counsel for the first petitioner would submit that the first petitioner is innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 2566 of 2026 any offence as alleged by the prosecution. He would further submit that the petitioners 2 to 5 were already granted anticipatory bail in this petition on 09.02.2026. Hence, he prays to grant anticipatory bail to the first petitioner. 4. The learned Government Advocate (Crl. Side) fairly submits that due to matrimonial dispute, the occurrence happened and the first petitioner has no previous case. However, he opposes to grant anticipatory bail to the first petitioner. 5. Heard both sides and perused the materials available on record. 6. Considering the rival submissions on either side and the nature of offences charged against the first petitioner, and the relationship between the parties and also considering the fact that no previous case is pending against the first petitioner and due to matrimonial dispute, the occurrence happened and petitioners 2 to 5 were already granted anticipatory bail, I am inclined to grant anticipatory bail to the first petitioner, subject to the following conditions: 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 2566 of 2026 [a] Accordingly, the first petitioner is ordered to be released on anticipatory 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 Additional Mahila Court, Srivilliputhur, Virudhunagar, and on further conditions that: [b] the first petitioner shall report before the respondent police, on every Saturday at 10.30 a.m. for a period of four weeks, and thereafter as and when required for the interrogation. [c] the first petitioner shall not commit any offences of similar nature. [d] the first petitioner shall not abscond either during investigation or trial. [e] the first petitioner shall not tamper with evidence or witness either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the first petitioner in accordance 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 2566 of 2026 with law as if the conditions have been imposed and the first 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 B.N.S. (P D B J) 30.03.2026 apd To 1.The Additional Mahila Court, Srivilliputhur, Virudhunagar. 2.The Inspector of Police, All Women Police Station, Virudhunagar. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No. 2566 of 2026 P. DHANABAL, J apd ORDER IN CRL OP(MD) No. 2566 of 2026 Date : 30.03.2026 6/6 https://www.mhc.tn.gov.in/judis