Ellammal v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-02-2026
CORAM
THE HON'BLE MR.JUSTICE K.RAJASEKAR Ellammal W/o.Ellumalai7/2, South Street,Keezhkuppam, Pudupalayam,Kalasapakkam Taluk, Thiruvannamalai District ..Petitioner(s) Vs The State Rep. by the Inspector of Police, AWPS Polur Police Station, Thiruvannamalai District.
Crime No.4/2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of her arrest in respect of Crime No.4 of 2026 on the file of the Inspector of Police, AWPS Polur Police Station, Thiruvannamalai District, pending investigation. For Petitioner(s):
Viswanathan S.B 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 296(b), 115(2), 74, 75 and 351(2) of BNS, 2023 in Crime No.4 of 2026, seeks anticipatory bail.
2. The allegation against the petitioner is that the petitioner is the motherin-law of the defacto complainant in this case, and when the father-in-law misbehaved with the defacto complainant, this petitioner had abetted the same; further, she threatened her with dire consequences. Hence, the case has been registered.
3. The learned counsel for the petitioner would submit that already A1 in this case was arrested and is in judicial custody, and the petitioner is the motherin-law, and there is no serious allegation against the petitioner, and she is ready to cooperate with the investigation. 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 the petitioner is the mother-in-law, and allegations against her are very serious in nature, and the investigation in this case is pending. Hence, she vehemently opposed the grant of anticipatory bail to the petitioner.
5. I have gone through the FIR and other connected materials; it revealed that the majority of the allegations are only against the husband of the petitioner herein, and he has already been arrested, and the petitioner is being a lady; considering the overt act attributed against her, 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 Court, Polur, Thiruvannamalai District, 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 two 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.
23-02-2026 MPA To 1.The Judicial Magistrate Court, Polur, Thiruvannamalai District.
2. The State Rep. by the Inspector of Police, AWPS Polur Police Station, Thiruvannamalai District.
Crime No.4/2026 3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
MPA 23-02-2026