Arivazhagan v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Arivazhagan ... Petitioner Vs.

The State Rep. By, The Inspector of Police, Mecheri Police Station, Salem District.

Crime No.48 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.48 of 2026 on the file of the respondent police.

For Petitioner :

Mr.R.Nalliyappan For Respondent :

Ms.J.R.Archana Government Advocate (Crl. Side) 1/6

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 351(2) of BNS read with Section 4 of TNPWH Act in Crime No.48 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner is a trustee in a college, in which, defacto complainant is working as an accountant and during the return to work, he has threatened her with dire consequences and also abused her with filthy language. Hence, the case was registered on the basis of the complaint lodged by the defacto complainant.

3. The learned counsel for the petitioner submitted that due to previous enmity, false complaint has been lodged by the defacto complainant. He further submitted that the petitioner is ready to abide by any stringent condition 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) reiterated the prosecution case and submitted that the investigation is pending. Hence, he opposed for grant of anticipatory bail to the petitioner. 2/6

5. Considering the nature of allegation and that it is a case of abusing and threatening the victim and the petitioner has no previous case, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is 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 Judicial Magistrate No.II, Mettur, 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 of the learned Magistrate concerned, and on further condition that:

[a] if the petitioner 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 petitioner 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 petitioner in accordance with law as if the aforementioned 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)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 4/6

To

1. Judicial Magistrate No.II, Mettur.

2.The Inspector of Police, Mecheri Police Station, Salem District. .

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 12.02.2026 6/6