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Madras High Court/4436/2026granted

L.Siva v. The State Rep.By, The Inspector Of Police,

2026-02-23Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR L.Siva S/o.Loganathan, No.164, Bajanai Kovil Street, Veeraragavapuram, Banavaram Post, Sholinghur Taluk, Ranipet District.

..Petitioner(s) Vs The state rep.by, The Inspector of Police, Banavaram Police Station, Ranipet District.

Cr.No.279 of 2025.

..Respondent(s) 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 her arrest in Cr.No.279 of 2025 pending investigation on the file of the respondent police.

For Petitioner(s):

M/s.G.Somasekar 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), 351(2) of BNS Act and r/w. Section 92(a) of the Rights of Persons with Disabilities Act 2016 in

Crime No.279 of 2025, seeks anticipatory bail.

2. The allegation against the petitioner is that due to a money dispute, the petitioner quarrelled and threatened the defacto complainant, who is a differently abled person, with dire consequences. Hence, the case has been registered.

3. The learned counsel for the petitioner would submit that a case in counter is registered regarding the occurrence, and the petitioner is not having any previous case, and 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 no serious injuries were caused; only a quarrel occurred, and the petitioner is not having any previous case. However, she opposed the grant of anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case, and also the fact that no serious injuries were caused; only a quarrel occurred, and the petitioner is not having any previous case, 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, Sholinghur, 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];

K.RAJASEKAR, J.

MPA (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, Sholinghur.

2. The state rep.by, The Inspector of Police, Banavaram Police Station, Ranipet District.

Cr.No.279 of 2025.

3.The Public Prosecutor, High Court of Madras.