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Madras High CourtCRL OP/1531/2026granted

Rahamathulla 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. Rahamathulla Son of Abdul Salam, Door No. 40/41, Nanjappan Nagar, B.P.Agraharam, Erode 638 005 and another

2. Fathima Raihana W/o Rahamathulla,, Door No. 40/41, Nanjappan Nagar, B.P.Agraharam, Erode 638 005 Petitioner(s) Vs

1. The State Rep By, The Inspector of Police All Women Police Station Central, Coimbatore City, Coimbatore. (Crime No..46/2025) Respondent(s) PRAYER To grant an Anticipatory Bail to this Petitioners in the event of their arrest or on their appearance before any court in connection with the case in Crime No.46 of 2025 pending investigation on the file of the Respondent Police. For Petitioner(s):

Guruprasad Manoharan For Respondent(s):

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

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498(A), 406, 323, 506(i) of IPC, 296(b) of BNS and section 4 of TNPHW Act in Crime No. 46 of 2025, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant married the A1 on 17.01.2021, as arranged by the elders of both families and at the time of marriage, gold jewellery and a car were given to her as gifts from her parents. After the marriage, she was subjected to harassment at the hands of the petitioners, and she left her matrimonial home in the year 2024. Her jewellery was not returned to her. Further she was abused in filthy language and threatened by the petitioners. Hence, the case.

3. This Court dismissed the earlier anticipatory bail petition of the petitioners on 13.01.2025 in Crl.O.P. No. 27819 of 2025.

4. The learned counsel for the petitioners submits that now A1, who is the husband of the defacto complainant, has been arrested and is in custody, and the petitioners are ready to cooperate with the investigation. Therefore, he prays for the grant of anticipatory bail to the petitioners.

5. The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and opposed the grant of anticipatory bail to the petitioners.

6. Considering the fact that A1, who is the main accused in this case, has been arrested and the majority of the allegations are only against him, this Court is inclined to grant anticipatory bail to the petitioners, who are in-laws, with certain conditions.

7. 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 ready, before the learned Additional Mahila Judicial Magistrate Court, Coimbatore, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen 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 petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of one weeks. (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 Additional Mahila Judicial Magistrate Court, Coimbatore. 1.The State Rep By, The Inspector of Police All Women Police Station Central, Coimbatore City, Coimbatore. (Crime No..46/2025) 2.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 1531 of 27-01-2026