Saravanan v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Saravanan ..Petitioner(s) Vs State rep by The Inspector of Police Pallikonda Police Station,Vellore District ( Crime No. 231 of 2025) ..Respondent(s) Prayer: This petition is filed under Section 482 of BNSS to enlarge the petitioner on Bail in the event of his arrest, pending investigation in the Crime No.231 of 2025, on the file of the Respondent police herein and thus render justice.

For Petitioner(s):

Mohamed Riyas M

H.Thameen Ansari S.Abdul Kapoor R.Yuvaraj G.Sathish Kumar For Respondent(s):

Ms.J.R. Archana, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 296(b), 115(2) of B.N.S. 2023 r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.231 of 2026 seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant married the A1 who continuously harassed her for dowry and subsequently contracted a second marriage with the assistance of the petitioner. When the defacto complainant questioned the same the co-accused/A1 assaulter her and her mother and the petitioner subject the defacto complainant to sex torture. Hence, the case

3.The learned counsel appearing for the petitioner submitted that there was a family dispute, due to which a false case has been foisted against the petitioner and the petitioner he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has sexually assaulted the victim and till now no one in this case has been arrested. Hence, he opposed to grant anticipatory bail to the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side, the nature of allegations and the fact that the petitioner arrayed as A2 and even though it is stated that the petitioner has harassed the victim sexually, there is no elaborate discussion in the F.I.R regarding the said issue, hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.1, Vellore, Vellore District, on condition that the petitioner 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 petitioner shall report before the learned Judicial Magistrate Arakkonam every day at 10:30 a.m for a period of four weeks and thereafter as and when required for interrogation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner 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 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;

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

04-02-2026 Index: Yes/No Speaking/Non-speaking order SMN To

1. The Judicial Magistrate No.1, Vellore, Vellore District

2. The Inspector of Police Pallikonda Police Station, Vellore District 3.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

smn 04-02-2026