Thangam vs State Of Tamil Nadu And Others

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 16.10.2025 for the offences punishable under Sections 296(b), 115(2), 351(3) of B.N.S. and Section 4 of TNPWH Act in Cr.No.673 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that when the defacto complainant is an advocate standing outside the Court Hall after appearing in a domestic violence case, it is alleged that the petitioner, who is respondent/opposite side in the said domestic violence proceedings, abused the client of the de-facto complainant. It is further alleged that when the de-facto complainant questioned the same, he was threatened and attacked by the petitioner. Based on the said complaint, the present FIR came to be registered. Hence, this case.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 16.10.2025. Hence, he seeks bail.

4.The learned Additional Public Prosecutor submitted that when the defacto complainant is an advocate standing outside the Court Hall after appearing in a domestic violence case, it is alleged that the petitioner, who is respondent/opposite side in the said domestic violence proceedings, abused the client of the de-facto complainant. It is further alleged that when the de-facto complainant questioned the same, he was threatened and attacked by the petitioner. However, he opposed for grant of bail to the petitioner .

Taking into consideration of the facts and circumstances of the case and the injured was discharged from the hospital and case and counter case, this Court is inclined to grant bail to the petitioner, subject to the following conditions:-

6.Accordingly, the petitioner is ordered to be released on bail on executing 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 Judicial Magistrate, VI, Madurai, and on further conditions that :-

[a] 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 furnish his residential address and mobile number to the learned Judicial Magistrate Court VI, Madurai

[c] If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court VI, Madurai.

[d] the petitioner shall report before the respondent police as and when required for interrogation.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] 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 the 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.