Subramani v. The State Rep By Its, 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.467 of 2026 Subramani ... Petitioner Vs.

The State rep by its The Inspector of Police, Kaveripakkam Police Station, Ranipet District.

.. Respondent (Cr.No.397 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 arrest by the respondent police pending investigation in Cr.No.397 of 2025 on the file of the respondent police.

For Petitioner : Mr.V.Vijayakumar For Respondent : Ms.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 351(2) of BNS r/w 4 of Tamilnadu Prohibition of Harassment of Women Act 2002 in Cr.No.397 of 2025 on the file of the respondent police. seeks anticipatory bail. 1/5

2. The case of the prosecution is that while the defacto complainant was constructing their house, the petitioner who is a mason, taking advantage of the proximity and accessed the house, the petitioner attempted to molest the victim lady and also threatened her with dire consequence. Hence, the complaint has been lodged against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case. He further submitted that he is ready and co-operate with the investigation and prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that investigation in this case is pending and there is no previous case against the petitioner. Hence, she opposed the grant of anticipatory bail to the petitioner.

5. Heard the learned counsel on either side and perused the materials available on record.

6. Considering the nature of allegations and also the fact that the injured discharged from the hospital and no previous case reported as against the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate, Walajabad, Ranipet District on condition that the petitioner shall execute a bond 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 petitioner 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 petitioner shall report before the respondent police daily at 06.00 p.m., for a period of two weeks and thereafter, as and when required for interrogation;

(d) The petitioner shall not tamper with evidence or witness either during investigation or trial; (e) The petitioner shall not abscond either during investigation or trial:

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(f) 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]; (g)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, Walajabad, Ranipet District 2.The Inspector of Police, Kaveripakkam Police Station, Ranipet District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.467 of 2026 12.01.2026 5/5