Sre Balachander v. The State, Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP No.1881 of 2026 Sre Balachander ... Petitioner Vs The State Rep by, The Inspector of Police, All Women Police Station, Red Hills, No.172A, GNT Road, Red Hills, Padianallur, Tamil Nadu - 600 052 (Crime No.02 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of B.N.S.S Act, to enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime No.02 of 2026 pending on the file of the respondent police. For Petitioner :

Ms.S.Sangeetha For Respondent :

Ms. J.R.Archana, Government Advocate (Crl. Side) ******* 1/7

ORDER

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A) of IPC in Crime No.02 of 2026, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioner is that the petitioner and the defacto complainant got married in the year 2013, after the marriage, petitioner continuously harassed the defacto complainant by demanding more money and caused severe injuries and inspite of her best efforts, to prevent the same, petitioner had continuously attacked her and unable to bear the same, she was forced to leave the matrimonial home in the year 2020 and once again it was negotiated between the parties and the petitioner resumed matrimonial life, but he started attacking the defacto complainant, unable to bare the same, she lodged the present complaint. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the allegation levelled against the petitioner alleged to have been taken place in 2/7

the year 2020 and after that the couple lived together and in the year 2025, misunderstanding erupted between the parties. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that investigation is pending.

5. Considering the fact that the majority of the allegation took place in the year 2020 and after that both the parties lived together and again in the year 2025, defacto complainant harassed, hence and she has come forward to lodge the complaint, this Court is of the view that custodial interrogation is not necessary for the allegation of this nature, hence this Court is inclined to grant anticipatory bail to the petitioner with 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 days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Ponneri on condition that each of the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) 3/7

with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen 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 the identity proofs to ensure their identity;

[c] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of two weeks and thereafter as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 4/7

29.01.2026 sma To

1. Judicial Magistrate No.I, Ponneri.

2. The Inspector of Police, All Women Police Station, Red Hills, No.172A, GNT Road, Red Hills, Padianallur, Tamil Nadu - 600 052.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 6/7

29.01.2026 7/7