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Madras High CourtCRL OP/1647/2026granted

Pavankumar v. The State Rep.By, The Inspector Of Police,

2026-01-27Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Pavankumar S/o. Subramani, No.1340, Krishna Nagar, Avalurpettai Road, Vengaivasal Post, Kiliyapattu, Thiruvannamalai District. Tamil Nadu 606 609.

Petitioner(s) Vs

1. The State Rep.by, The Inspector of Police, Thiruvannamalai East Police Station, Thiruvannamalai District. (Cr. No.664 of 2025) Respondent(s) PRAYER To grant Anticipatory Bail to the petitioner in the event of his arrest in Crime No. 664 of 2025 on the file of the respondent Police. For Petitioner: Mr.N.S.Ramesh Durai For Respondent(s):

M/S.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS Act r/w. Section 4 of Tamil Nadu Prohibition of Harassment of

Women Act, 2002 in Crime No.664 of 2025, seeks anticipatory bail.

2. The prosecution case is that due to previous enmity with regard to the chit fund issue, there was wordy quarrel arose between themselves resulting which, the petitioner abused the defacto complainant and assaulted her with hands and thereby caused injury to her. Hence, a case has been registered.

3. The learned counsel for the petitioner submitted that petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that the co-accused have already been granted anticipatory bail by this Court in Crl.O.P.No.1055 of 2026 dated 19.01.2026. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the injured is still taking treatment as out-patient. He further submitted that the petitioner is not having any previous cases. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by the learned counsel on both sides; and the nature of

allegations levelled against the petitioner; and no previous bad antecedents has been registered against him; and the fact that the co-accused have already been granted anticipatory bail by this Court in Crl.O.P.No.1055 of 2026 dated 19.01.2026, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. 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 ready, before the learned Judicial MagistrateII, Thiruvannamalai, 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 of the learned Magistrate concerned, and on further condition:

(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 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;

(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 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.

27-01-2026 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Judicial Magistrate-II, Thiruvannamalai. 2.The State Rep.by, The Inspector of Police, Thiruvannamalai East Police Station, Thiruvannamalai District. (Cr. No.664 of 2025) 3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 1647 of 27-01-2026