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Madras High CourtCRL OP/3378/2026granted

Silamparasi v. The State Rep. By,

2026-02-12Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Silamparasi

2. Murugammal ... Petitioners Vs.

The State Rep. By, The Inspector of Police, Adambakkam Police Station, Chennai.

Crime No.02 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of his arrest in Crime No.02 of 2026 on the file of the respondent police.

For Petitioners :

Mr.K.Amirtharaj For Respondent :

Ms.J.R.Archana Government Advocate (Crl. Side) 1/5

O R D E R

The petitioners herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 351(3) of BNS & Section 4 of TNPHW Act in Crime No.02 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioners is that the petitioner joining hands with other accused involved in quarrel with the defacto complainant and also by using the pipe attacked the defacto complainant and caused severe injuries. Hence, the case has been registered.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are 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 the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner. 2/5

5. Considering the nature of allegation and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Additional Mahila, Alandur, on condition that 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] if the petitioners fails to surrender before the concerned Magistrate within a period of ten 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;

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[c] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of one week 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 petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 12.02.2026 sma To

1. Additional Mahila, Alandur 2.The Inspector of Police, Adambakkam Police Station, Chennai.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 12.02.2026 5/5