Kumaresan v. The State

CRL OP No. 13118 of 2026__________Page1 of 5IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14-05-2026CORAMTHE HON'BLE MR.JUSTICE P. DHANABALCRL OP No. 13118 of 2026 Kumaresan..Petitioner(s)VsThe State Rep. by The Inspector of Police, AWPS Poonamalle Police Station, Crime No.21 of 2025..Respondent(s)PRAYER :Criminal Original Petition filed under Section 482 of BNSS Act, 2023, to enlarge the Petitioner on anticipatory bail in the event of his arrest in connection with Cr. No.21/2025 on the file of the respondent Police. For Petitioner(s):Mr.K.Micheal JohnsonFor Respondent(s):Mr.A.GopinathGovernment Advocate (Crl Side)ORDERThe petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 498(A) IPC r/w. Section 4 of DP Act in connection with the case in Crime No.21 of 2025, seeks anticipatory bail.

The case of the prosecution is that the petitioner and the defacto complainant are husband and wife and were married on 20.08.2020 and after the marriage, the petitioner frequently harassed the defacto complainant demanding https://www.mhc.tn.gov.in/judis CRL OP No. 13118 of 2026__________Page2 of 5for money, jewellery and also quarreled with the defacto complainant. Hence, the case.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case and that custodial interrogation is not required in this case and the co-accused has been released on bail. Hence, he prayed to grant anticipatory bail to the petitioner.

The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that investigation is pending amd there is no previous case against the petitioner however he strongly opposed to grant anticipatory bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent police and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, that there was a family dispute between the parties, that no previous case is pending against the petitioner and that co-accused has been released on bail, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 13118 of 2026__________Page3 of 57. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Poonamalle 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 respondent Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:[a] the petitioner 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 petitioner shall report before the respondent police daily at 10.00 a.m., for a period of four weeks and thereafter, as and when required for interrogation.[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.[d] the petitioner shall not abscond either during investigation or trial.[e] 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 https://www.mhc.tn.gov.in/judis CRL OP No.