Sarasvathi v. The State Rep By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.01.2026
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.509 of 2026
1. R.Sarasvathi
2. R.Jayalakshmi ... Petitioners Vs.
The State rep by The Inspector of Police, Padalam Police Station, Chengalpattu District.
... Respondent (Cr.No.505 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of their arrest by the respondent in Cr.No.505 of 2025 on the file of the respondent herein.
For Petitioners : Mr.Magesh Kumar.G For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioners, who apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 351(3) of BNS, 2023 r/w Section 4 of TNPWH Act in Crime No505 of 2025, on the file of the respondent police seek anticipatory bail.
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/-, w2. The allegation against the petitioners is that on 03.12.2025, when crackers had been burst by the first petitioner, out of which, one cracker had been burst near the defacto complainant mother's feet, following which, wordy altercation happened, culminated in free fight and the defacto complainant and his mother sustained injuries. Hence, the complaint has been registered against the petitioners.
3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioners are ready to co-operate with the investigation. Hence, he prayed that anticipatory bail be granted to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured discharged from the hospital, investigation is pending in this case and there is no previous cases as against the petitioners. However, he opposed the grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of allegations, injured discharged from the hospital, investigation is pending and no previous cases reported as against the petitioner, I am inclined to grant anticipatory bail to the petitioners. 2/5
subject to certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate Court-II, Madurantakam on condition that each of the petitioners shall execute separate bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that: (a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) 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 interrogation;
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(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
12.01.2026 Vv To
1. The Judicial Magistrate Court-II, Madurantakam
2. The Inspector of Police, Padalam Police Station, Chengalpattu District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
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K.RAJASEKAR , J.
Vv Crl.O.P.No.509 of 2026 12.01.2026 5/5