CRL OP(MD). No.15639 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.07.2026 PRESENT THE HONOURABLE MR.JUSTICE K. RAJASEKAR CRL OP(MD)No.15639 of 2026 1.Tamilarasi 2.Gurusamy ... Petitioners / A1 and A2 Versus The State of Tamil Nadu rep by The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District. (Crime No.189 of 2026) ... Respondent/Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioners on bail in the event of arrest in Crime No.189 of 2026 on the file of the respondent police, or on their appearance. For Petitioners : Mr.S.Ramasamy For Respondent : Mr.J.Vishnu, Government Advocate (Criminal Side) 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15639 of 2026 ORDER : The Court made the following order :- The petitioners, who apprehend arrest in connection with Crime No.189 of 2026 on the file of the respondent police, registered for the offences punishable under Sections 296(b), 115(2), 74 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, seek the relief of anticipatory bail. 2. The case of the prosecution is that, on 29.06.2026, owing to previous enmity between the parties, the petitioners pulled the saree of the defacto complainant, assaulted her son on his chest, and criminally intimidated both of them with dire consequences. Hence, the present case has been registered. 3. The learned counsel for the petitioners submitted that the complaint has been falsely lodged and that a counter case has also been registered in respect of the very same occurrence. He further submitted that the injured has already been discharged from the hospital, that the petitioners have no previous criminal antecedents, and that they are ready 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15639 of 2026 to cooperate with the investigation. Hence, he prayed for the grant of anticipatory bail. 4. Per contra, the learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that the petitioners had caused injuries to the son of the defacto complainant. He further submitted that, though the petitioners have no previous criminal antecedents, if they are granted anticipatory bail, there is every likelihood that they may threaten or intimidate the defacto complainant and the witnesses, thereby hampering the course of investigation. Hence, he opposed the grant of anticipatory bail. 5. This Court has carefully considered the rival submissions and perused the materials available on record. 6. Considering the nature of the allegations, the fact that the petitioners have no previous criminal antecedents, the fact that the injured has already been discharged from the hospital and also taking note of the fact that there is a case and counter case, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15639 of 2026 7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Virudhunagar, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that: (a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners 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 the interrogation; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond either during investigation or trial; (e) on breach of any of the aforesaid conditions, the 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15639 of 2026 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 petitioners 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]; and (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 28.07.2026 pal To 1.The Judicial Magistrate No.II, Virudhunagar. 2.The The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District. 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.15639 of 2026 K. RAJASEKAR ,J. pal ORDER IN CRL OP(MD) No.15639 of 2026 Date : 28.07.2026 6/6 https://www.mhc.tn.gov.in/judis