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Madras High CourtCRL OP/4054/2026granted

Rubesh @ Panthal Kumar v. State By, The Inspector Of Police,

2026-02-18Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. Rubesh @ Panthal Kumar S/o. Sundharam, Rresiding at No.32, Pallam Street, Kannikapuram, Poigai, 632 114

2. Vijaya W/o. Sundharam, Rresiding at No.32, Pallam Street, Kannikapuram, Poigai, 632 114

3. Suganya D/o. Annamalai, No.3/44, Bagana Koil Street, Gudisai, Pulimadu, Vellore District - 632 105 .

..Petitioners(s)

Vs State by, The Inspector of Police, Virinchipuram Police Station, Crime No.26 of 2026 ..Respondent(s) PRAYER: To enlarge the petitioners on Bail in the event of Arrest in Crime No.26 of 2026, on the file of the Inspector of Police, Virinchipuram Police Stat ion, Vellore District.

For petitioners(s):

Silambu Selvan S For Respondent(s):

M/S.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 324(4), 351(3) of BNS and TNWH Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in connection with the Cr.No.26 of 2026, seek anticipatory bail.

2. The case of the prosecution is that the petitioners demanded the victim lady to have sexual relationship with them and the same was refused by her. Hence, the petitioners along with other accused trespassed into the victim's house and pushed her and attacked her with hands and legs and also threatened

her with dire consequences. It is alleged that the petitioners and other accused have damaged the CCTV footage and other materials and caused damages to the tune of Rs.25,000/- . Hence the present petition.

3. The learned counsel for the petitioners submitted that due to money dispute a false case has been foisted against the petitioners. He further submitted that the petitioners are ready to co-operate with the investigation and abide by any other stringent conditions that may be imposed by this Court. Hence he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate reiterated the prosecution case and submitted that the victim lady is a widow and the petitioners taking advantage of the same has demanded her to have physical relationship with her and since she has not accepted the same, the occurrence had taken place. He also produced the photographs of the occurrence which reveals that the petitioners was attacking the victim lady and also damaged the CCTV and other materials. Hence he opposed for grant of anticipatory bail to the petitioners.

5. Considering the submissions made by the learned counsel on either side, the fact that the petitioners have no previous cases against them, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners is directed to deposit a sum of Rs.7,500/- (Rupees Seven Thousand Five Hundred only) each into the credit of Crime No.26 of 2026 and on such receipt of proof of payment,, the petitioners is ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-IV, Vellore, on condition that the petitioners shall also execute a bond for a sum of Rs.10,000/- (Rupees Ten 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, failing which, the petition for interim anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and 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 petitioners shall report before the respondent police on every day at 10.30 a.m., for a period of three weeks;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[g] 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 petitionerss 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 18-02-2026 MPA To

1. The Judicial Magistrate-IV, Vellore 2.State by, The Inspector of Police, Virinchipuram Police Station, Crime No.26 of 2026 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

MPA 18-02-2026