N.Nagalingam v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. N.Nagalingam

2. K.Natarajan

3. N.Vimala ..Petitioner(s) Vs State By The Inspector of Police, All Women Police Station, Puduchery.

Crime No.not known of 2026 ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 482 of BNSS to enlarge them on Bail in the event of their arrest by the respondent in Crime No.Not Known of 2026 on the file of the respondent police and thus render justice.

For Petitioner(s):

Mr.R Thanigai Arasu For Respondent(s):

Mr MV.Ramachandra Murthy Public Prosecutor (Puducherry)

ORDER

The petitioners, who apprehend arrest by the respondent police for the offences punishable under Sections 3(5), 82(2), 83, 85 of BNS, 2023 in Crime No.0001 of 2026 seek anticipatory bail.

2. The allegations against the petitioners are that the first petitioner, by suppressing his prior marital status and his two children, induced and married the de-facto complainant. At the time of their marriage, the de-facto complainant's family presented gold jewellery and household articles to the first petitioner. Subsequently, when the de-facto complainant confronted the first petitioner regarding his prior marital status, the petitioners demanded additional dowry, abused her in filthy language, assaulted her, and threatened her with dire consequences. Hence, the case was registered.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. He further submitted that the de facto complainant was fully aware that the first petitioner is a married man with two children. However, due to a difference of opinion and with malafide intent to harass the petitioners, the de facto complainant lodged a false complaint. In light of these facts, he prayed for the grant of anticipatory bail to the petitioners.

4. The learned Public Prosecutor, (Puducherry) appearing for the respondent police reiterated the prosecution's case and on instructions submitted that on 10.01.2026 an FIR was registered against the petitioners in Crime No. 0001 of 2026 and the investigation in this case is pending and opposed for the grant of anticipatory bail to the petitioners.

5. Considering the above facts and circumstances of the case, and taking note of the fact that the marriage between the first petitioner and the defacto complainant took place in the year 2023, and the alleged suicide attempt by the defacto complainant also occurred subsequently, whereas the present complaint has been lodged only after a lapse of one year, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Mahila Judicial Magistrate, Puducherry on condition that each of the petitioners shall execute a 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the first petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation; (c) the second and third petitioners shall report before the respondent police, everyday at 10.30 am., for a period of one week and thereafter as and when required for interrogation;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners 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 action against the petitioner in accordance with law as if the 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) AIR SCW 5560]; and;

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

09-02-2026 JAI

To 1.The All Women Police, All Women Police Station, Puduchery.

2. The Mahila Judicial Magistrate, Puducherry.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

JAI 09-02-2026