V.Tamilselvan 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.930 of 2026 V.Tamilselvan ... Petitioner Vs.
The State, rep by The Inspector of Police, T-3, Korattur Police Station, Chennai.
... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail, in the event of his arrest in Cr.No.05 of 2026 on the file of the Inspector of Police, T-3, Korattur Police Station, Chennai.
For Petitioner : Mr.M.Dhivakar For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under Sections 296(b) and 351(2) of BNS r/w Section 4 of the Tamilnadu Prohibition of Harassment of Women Act, 1998 in Cr.No.5 of 2026 on the file of the respondent police, seeks anticipatory bail. 1/5
2. The prosecution case is that the petitioner and the defacto complainant were previously in a physical relationship. On the date of occurrence, the petitioner allegedly harassed, abused, and threatened the defacto complainant for not consenting to continue the physical relationship, which led to the registration of the FIR. Hence, the present case.
3. The learned counsel appearing for the petitioner submitted that the defacto complainant has lodged a false complaint against the petitioner and that the petitioner has not assaulted her as alleged by the prosecution, but there was only a quarrel between them. He further submitted that the petitioner is ready and willing to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that no one was injured in the occurrence and that the petitioner has no previous criminal antecedents. However, he vehemently opposed the grant of anticipatory bail.
5. Heard both sides and perused the materials available on record.
6. Considering the nature of the allegations, the fact that no one was injured in the occurrence, that the petitioner has no previous criminal antecedents, and that the petitioner has expressed his willingness to co2/5
operate with the investigation, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
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, Ambattur 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 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate 3/5
actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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, Ambattur
2. The Inspector of Police, T-3, Korattur Police Station, Chennai 3.The Public Prosecutor High Court of Madras, Chennai 600 104.
4/5
K.RAJASEKAR , J.
Vv Crl.O.P.No.930 of 2026 12.01.2026 5/5