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Madras High CourtCRL OP/2196/2026granted

Sarathkumar v. The State Rep. By Its The Inspector Of Police

2026-02-02Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. Sarathkumar

2. Kalaimagal ..Petitioner(s) Vs The State Rep. by its The Inspector of Police Kanakamma Chathiram Police Station, Tiruvallur District.

Crime No. 216/2025.

..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioners on bail in the event of their arrest in the above Crime No. 216/2025 on the file of Kanakamma Chathiram Police Station, Tiruvallur District.

For Petitioner(s):

Mr.D.Magesh For Respondent(s):

Ms.J.R.Archana, GA (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under 126(2), 296(b) 324(4), 351(2) of BNS

read with Section 74 of BNS (339, 294(b), 427 of IPC read with Section 354 of IPC in connection with the Cr. No.216 of 2025, seek anticipatory bail.

2. The allegation against the petitioners are that the petitioners went to the defacto complainant's house, abused her in filthy language, assaulted her with wooden log and poured the kerosene against the defacto complainant and threatened with dire consequences. Hence, the case.

3. Learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He also submitted that a counter case has been registered against the defacto complainant in Crime No.217 of 2025 and that the petitioners are ready to cooperate with the investigation. Hence, he prays for grant of anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal Side) for the respondent police, reiterated the prosecution's case and submitted that the investigation is still in progress and the petitioners has no previous case pending against them. Hence, she opposed the grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the fact no one was injured in the alleged incident, a counter case is pending against the defacto complainant and petitioners have no previous cases, I am inclined to grant anticipatory bail to the petitioners.

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 Judicial Magistrate, Tiruttani, on condition that each of the petitioners 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 that:

[a] the petitioners shall report before the respondent police daily at 10.30 am., for a period three weeks and thereafter as and when required for interrogation.

[b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[c] the petitioners shall not leave India without the previous permission of the Court;

[d] the petitioners shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action 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 vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

02-02-2026 Index: Yes/No Speaking/Non-speaking order JAI To

1. The Inspector of Police Kanakamma Chathiram Police Station, Tiruvallur District.

2. The Judicial Magistrate, Tiruttani.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

JAI 02-02-2026