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Madras High CourtCRL OP/6109/2026granted

Parameshwaran, M/A 31 Years (A1) v. State Rep By Its The Inspector Of Police,

2026-03-10Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Parameshwaran

2. Krishnan

3. Sendhamarai

4. Kumaresan ..Petitioner(s) Vs State Rep by its:- The Inspector of Police, All Women Police Station, Uthangarai, Krishnagiri District.

(Crime No.04 of 2026) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioners on bail in the event of his arrest in Crime. No.04 of 2026 pending Investigation on the file of the respondent police.

For Petitioner(s):

Mr.P.M.Jayachandran For Respondent(s):

Mr.P.Dhileepan, Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 85 and 351(2) of BNS, 2023 in Crime No.04 of 2026, seek anticipatory bail.

2. According to the petitioners, due to a matrimonial discord between the first petitioner and the de facto complainant, the present case has been registered.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the de-facto complainant. He further submits that the petitioners have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there is no injury sustained by the de facto complainant.

5. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

6. The entire issue revolves around the matrimonial discord between the de facto complainant and the first petitioner. The petitioners and the de facto complainant are related. Though certain allegations have been made against the petitioners, no injury has been sustained by the de facto complainant. Considering the facts and circumstances of the case, this Court is of the view

that no custodial interrogation is required for the petitioners. Hence this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Uthangarai, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- each (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 fail 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 petitioners shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

C.KUMARAPPAN, J.

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

10-03-2026 rap To

1. The Inspector of Police, All Women Police Station, Uthangarai, Krishnagiri District.

2. The Judicial Magistrate, Uthangarai

3. The Public Prosecutor, High Court, Madras.