Raja v. The State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.976 of 2026

1. Raja

2. Mythili

3. Hemnath ... Petitioners Vs.

State rep by The Inspector of Police, K-10, Koyambedu Police Station, Chennai.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail, in the event of arrest or surrender in the above Cr.No.570 of 2025 pending investigation on the file of the respondent police.

For Petitioners : Mr.K.S.Harish For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest for the alleged offence under Sections 296(b) of BNS and Section 4 of TNPHW Act, in Cr.No.570 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/5

2. The prosecution alleges that the first petitioner herein is the relative of the defacto complainant's husband, under the influence of alcohol, he had sexually harassed the defacto complainant and also caused damage to the defacto complainant's shop, worth about Rs.2,000/-, which led to the registration of an FIR. Hence, the present case.

3. The learned counsel appearing for the petitioners submitted that the petitioners 2 and 3 are not an accused in this case and they have falsely implicated in this case. He further submitted that the first petitioner has not committed any offence as alleged by the prosecution. Hence, he prayed for the grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that the petitioners 2 and 3 are not an accused in this case and they have falsely implicated in this case. Hence, he vehemently 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 and the first petitioner is not having any previous cases, I am inclined to grant anticipatory bail to the first petitioner, subject to certain conditions. 2/5

7. Accordingly, the petitioner is directed to deposit a sum of Rs.2,000/- [Rupees Two Thousand Only] to the credit of Crime No.570 of 2025 before the trial Court, on such deposit and production of proof the first 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 V Metropolitan Magistrate, Egmore, Chennai on condition that the first 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 first 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 first petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

3/5

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

(f) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the first petitioner in accordance with law as if the conditions have been imposed and the first 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]; (g)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

8. This Criminal Original Petition stands dismissed as against the petitioners 2 and 3, since they are not an accused in this Cr.No.570 of 2025. 12.01.2026 Vv To

1. The V Metropolitan Magistrate, Egmore, Chennai

2. The Inspector of Police, K-10, Koyambedu Police Station, Chennai.

.

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

4/5

K.RAJASEKAR , J.

Vv Crl.O.P.No.976 of 2026 12.01.2026 5/5