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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. Dhayanithi

2. Padavattan

3. Vadivel

4. Dharmalingam

5. Settu @ Kanniyappan

6. Boopalan ..Petitioner(s) Vs State rep.by, The Inspector of Police, Alangayam Police station, Thirupathur District.

Cr.No.173/2025.

..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of BNSS to enlarge the petitioners on bail in the event of their arrest in Cr.No.173/2025 pending investigation on the file of the respondent.

For Petitioners:

Mr..E.Kannadasan For Respondent:

Ms.Archana Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest for the alleged offence under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 351(3) of Bhartiya Nyaya Sanhita (BNS) 2023 r/w. Section 4 of Tamil Nadu Prohibition of Harassment of

Women Act 2002 in Crime No.173 of 2025, on the file of the respondent police seek anticipatory bail.

2. The prosecution case alleged that the petitioners and de facto complainant are relatives and there was a quarrel between the parties. The petitioner attacked the de facto complainant with wooden log and caused injuries. Hence, the case was registered against the petitioners.

3. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case and also submitted that A1 in this case has been arrested and enlarged on bail and prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) reiterated the case of the prosecution and submitted that there is a previous pending against the petitioner and further submitted that the investigation is pending in this case, hence, she opposed to grant anticipatory bail to the petitioner.

5. I have gone through the FIR and other connected materials and it reveals that A1 in this case has been arrested and granted bail and considering the nature of offences and the allegation levelled against the petitioners, I am of the view that custodial interrogation of the petitioners is not necessary to

investigate with the case of this nature. Hence, I am inclined to grant anticipatory bail to the petitioners. 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 No.III, Tirupattur 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 fail 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 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 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.

22-01-2026 shl

1. The Judicial Magistrate No.III, Tirupattur

2. The Inspector of Police, Alangayam Police station, Thirupathur District.

3. The Public Prosecutor High Court of Madras

K.RAJASEKAR, J.

shl 22-01-2026