S. Kowsalya v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-02-2026
CORAM
THE HON'BLE MR.JUSTICE K.RAJASEKAR CRL OP No. 3018 of 2026 S. Kowsalya
...Petitioner
Vs The State Rep.by, its The Inspector of Police, Thatchampet Police Station, Thatchampet Tiruvannamalai District Cr.No.105/2025.
..Respondent(s) Prayer: This petition is filed under Section 482 of BNSS to enlarge the petitioners on bail in the event of their arrest relating to the alleged offences in Crime No. 105/2025 on the file of the Respondent / Police. For Petitioner(s):
Mr.K.S.Abishek For Respondent(s):
Ms.J.R. Archana, Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 324(4), 351(3) of B.N.S in Crime No.105 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. The case of the prosecution is that there was a civil dispute pending between the petitioner and the defacto complainant, due to which the petitioner attacked the defacto complainant with knife and caused injuries to him and also threatened her with dire consequences. Hence, the case.
3. The learned counsel appearing for the petitioners submitted that the petitioner is innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that there was a case in counter. Hence, he prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and reported that the injured was discharged from the hospital and there is no previous case pending against
the petitioner. However, he strongly opposed the grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record. 6 Considering the facts and circumstances of the case, the submissions made by both counsels, and taking note of the fact that the injured discharged from the hospital and there is no previous case as against the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate No.1 at Tiruvannamalai on condition that the petitioner 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 learned Magistrate concerned, and on further condition that:
(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity;
(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
09-02-2026 Index: Yes/No Speaking/Non-speaking order SMN
To.
1. The Judicial Magistrate No.1 at Tiruvannamalai 2.The Inspector of Police, Thatchampet Police Station, Thatchampet Tiruvannamalai District
3. The Public Prosecutor, High Court, Madras
K.RAJASEKAR, J.
smn CRL OP No. 3018 of 2026 09-02-2026