V. Thirumalai v. State Rep.By, The Sub Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-02-2026
CORAM
THE HON'BLE MR.JUSTICE K.RAJASEKAR V. Thirumalai S/o Vijayan, No. 146, Road Street, Valarpuram Colany, Valarpuram, Ranipet District- 631 003.
..Petitioner(s) Vs State Rep.by, The Sub Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.
(Crime No. 60 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023,To enlarge the Petitioner/Accused-1 on bail, in the event of their arrest by the Respondent police in the case pending investigation in Crime. No. 60 of 2026 dated 11.02.2026 on the file of the Respondent police.
For Petitioner(s):
Prabhakaran R For Respondent(s):
M/S.J.R.Archana Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 191(2), 329(4) & 351(2) of BNS, 2023 in Crime No.60 of 2026, seeks anticipatory bail.
2. The allegation against the petitioner is that the petitioner was earlier involved in POCSO offences against the daughter of the defacto complainant. Hence, the case was registered and the trial is pending. On the date of occurrence, the petitioner went to the house of the defacto complainant and demanded her to withdraw the case and also threatened her with dire consequences. Hence the case was registered.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that there are no bad antecedents against the petitioner. Therefore, he prays 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 two other persons involved in the offences have already been arrested and released on bail and the investigation is pending. Hence, she vehemently opposed the grant of anticipatory bail to the petitioner.
5. I have gone through the FIR and connected material and it is admitted that the petitioner did not go to the house of the defacto complainant and threaten her. Considering the fact that other accused only threatened her and the
arrested accused were released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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 ready, before the learned Judicial Magistrate-I, Arakkonam, 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 learned Magistrate concerned, and on further condition:
(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 petitioners in accordance with law as if the
conditions have been imposed and the petitioners released on 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.
20-02-2026 MPA To 1.The Judicial Magistrate-I, Arakkonam.
2. State Rep.by, The Sub Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.
(Crime No. 60 of 2026) 3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
MPA 20-02-2026