Abibu Rahman Alias Habbebn Rahman And 2 Others v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.2663 of 2026

1. Abibu Rahman @ Habbebn Rahman

2. Jusvanth

3. Kavitha ... Petitioners/ Accused Vs The State Rep. By, The Inspector of Police, Udumalpet Police Station, Tiruppur District.

(Crime No.44 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on anticipatory bail in the event of arrest by the respondent in Crime No.44 of 2026 on the file of the respondent police.

For Petitioners : Mr. N.S. Suganthan For Respondent : M/s. J.R. Archana Government Advocate (Crl.Side) ****** 1/5

O R D E R

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 126(2), 133, 351(3) of BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.44 of 2026 on the file of the respondent Police, seeks anticipatory bail.

2.

The case of the prosecution is that the first petitioner herein is the husband of the defacto complainant in this case; that the first petitioner is in illicit relationship with the third petitioner herein, therefore the defacto complainant started living separately from the first petitioner herein and also initiated a matrimonial dispute case against the first petitioner in Pollachi Court; that while so on 20.01.2026, when the defacto complainant had attended the Court hearing and was returning along with her relatives in a Car, the first and second petitioners herein followed the defacto complainant's car and when the car was halted at Indian Oil Petrol Bunk on Dharapuram road, the first and second petitioners snatched the defacto complainant's car key, abused and assaulted the defacto complainant and her relatives; that thereafter, the defacto complainant and her relatives got frightened and boarded the defacto complainant in a public bus; that even 2/5

thereafter, the first and second petitioners followed and blocked the bus, pulled the defacto complainant outside the bus and assaulted her with hands; that in the mean time, the third petitioner herein also came to the spot and slapped the defacto complainant using slipper, thereby the petitioners herein assaulted the defacto complainant in the public vicinity and also threatened her of dire consequences; that thereafter, the passengers in the bus and the defacto complainant's relatives secured her and taken her to hospital; that thereafter, a complaint was lodged before the respondent police, a case was registered and the petitioners herein were arrayed as accused in this case.

3.

The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case; that due to sudden quarrel, both parties exchanged blows; that the petitioners have no previous antecedents; and that the petitioners are ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioners.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the anticipatory bail to the petitioners reiterated the prosecution case and submitted that the petitioners herein 3/5

followed the defacto complainant and attacked her in the public vicinity; and that the investigation of this case is pending. 5.

Considering the submissions made on both sides, the nature of offence, the fact that the petitioners herein have dragged the defacto complainant from the bus and attacked her in public vicinity and also taking note of the fact that the investigation of this case is pending, this Court is not inclined to grant anticipatory bail to the petitioners. 6.

Accordingly, this criminal original petition stands dismissed. 05.02.2026 stn To

1. The Inspector of Police, Udumalpet Police Station, Tiruppur District.

(Crime No.44 of 2026)

2. The Public Prosecutor, High Court of Madras.

K. RAJASEKAR, J.

stn 4/5

Crl.O.P. No.2663 of 2026 05.02.2026 5/5