Usha Nixon v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Usha Nixon ... Petitioner Vs.

State rep by The Inspector of Police, T-2 Ambattur Estate Police Station, Ambattur, Chennai.

(Crime No. 425 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.425 of 2025 on the file of the respondent police. For Petitioners : Mr.Cornielle Inbaraj For Respondent : Mr. P. Dhileepan Government Advocate (Crl.Side)

O R D E R

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 329(4), 118(1) and 351(3) of BNS, in Crime No.425 of 2025 on the file of the respondent police seek anticipatory bail. 1/5

2. The case of the prosecution is that the first petitioner and the defacto complainant are husband and wife. It is alleged that the first petitioner had an illegal affair with the second petitioner herein. A1 attacked the defacto complainant with a knife on instructions of the petitioner herein and caused injuries to her. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner had already been enlarged on anticipatory bail by order dated 12.11.2025 in Crl.OP.No.30887 of 2025, but the protection under the above act was not utilised, due to the non-furnishing of the sureties within a stipulated time, and as a consequence, the same was dismissed. Now, the learned counsel further submitted that the petitioner is now ready to furnish sureties and hence prayed to grant anticipatory bail to the petitioner.

4. Taking into consideration the fact that the petitioner had already been granted anticipatory bail on 12.11.2025 in Crl.OP.No.30887 of 2025 and subsequently dismissed due to the default of non-furnishing of the sureties by the petitioner, this Court is once again inclined to enlarge the petitioner on anticipatory bail on the same conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Ambattur, Chennai on condition that the petitioner shall 2/5

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 conditions: (a) If the petitioners fails to surrender before the concerned learned 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 on every Tuesday at 10.30 a.m, for a period of three weeks;

(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 petitioners 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

04.03.2026 DRL 3/5

To 1.The Judicial Magistrate No.I, Ambattur, Chennai.

2.The Inspector of Police, T-2 Ambattur Estate Police Station, Ambattur, Chennai.

3.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN.J.

DRL Crl.OP.No.5582 of 2026 04.03.2026 5/5