Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 32075 (MAD)

Shajahan Alias Sajahanbarkathali v. State Of Tamilnadu Rep By Inspector Of Police, Silaiman

CRL OP(MD)/9592/2026 · 2026-06-02

P Dhanabal

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.9592 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 9592 of 2026 Shajahan @ Sajahanbarkathali ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Silaiman Police Station, Madurai District. (Crime No.107 of 2026) ...Respondents/Complainant For Petitioner : Mr.A.Karthick Advocate. For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. side) For Intervenor : Mr.J.Mohamed Ibrahim PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 107 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2), 118(1) of BNS and 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.9592 of 2026 Section 4 of TNPHW Act, in Crime No.107 of 2026, on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that due to the family dispute, on 02.04.2026, the petitioner and her husband came to the defacto complainant's house, both are abused in filthy language and assaulted her. The petitioner poured the Hot Milk on her left hand, due to which the defacto complainant sustained injuries and admitted in the hospital. Hence, the complaint. 3. The learned counsel for the petitioner submits that the 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 any offence as alleged by the prosecution. The petitioner and the defacto complainant are residing in different floor of the same building. There is a dispute in respect of occupation of the floor. To resolve the issue only the petitioner and her wife came to the defacto complainant's house. With an malafide intention she has lodged the present complaint. Hence, he prays to grant Anticipatory Bail to the petitioner. 4. The learned Government Advocate (Crl. Side) submits that the offences are grave in nature. The petitioner along with his wife poured the hot 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.9592 of 2026 milk on the left hand of the defacto complainant. Hence, she sustained severe burn injury. Now the injured was discharged from the hospital. The petitioner has no previous case. He opposed the grant of anticipatory bail to the petitioner. 5.The learned counsel appearing for the intervenor submitted that the petitioner along with his wife poured the hot milk on the defacto complainant and she sustained burn injuries and though she was discharged from the Government hospital, still she is taking treatment in private hospital. Hence, he strongly opposed the grant of anticipatory bail to the petitioner. 6. Heard both sides and perused the materials available on record. 7. Considering the rival submissions on either side and the nature of offences charged against the petitioner, there is a family dispute between the family members, the defacto complainant is none other than the petitioner's brother's wife and due to family dispute this occurrence is happened and injured was discharged from the hospital, the petitioner has no previous case and considering all other facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.9592 of 2026 in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Madurai, 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 Magistrate concerned and on further condition that: [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.9592 of 2026 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) 02.06.2026 TM To 1.The Judicial Magistrate No.II, Madurai. 2.The Inspector of Police, Silaiman Police Station, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.9592 of 2026 P. DHANABAL, J. TM ORDER IN CRL OP(MD) No. 9592 of 2026 Date : 02.06.2026 6/6 https://www.mhc.tn.gov.in/judis