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Madras High CourtCRL OP/6448/2026granted

Selvakumar v. State Rep. By

2026-03-12Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Selvakumar ..Petitioner(s) Vs State Rep. by The Inspector of Police, Palladam Police Station, Tiruppur District.

Cr.No.170/2026 ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to grant anticipatory bail to the petitioner in the event of his arrest in Crime No.170 of 2026 on the file of the respondent Police, pending investigation.

For Petitioner(s):

Mr.N.Ponraj For Respondent(s):

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

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b) and 115(2) of Bharatiya Nyaya Sanhita, 2023 r/w Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.170 of 2026 on the file of the respondent police seeks anticipatory bail. 2.The case of the prosecution is that due to a matrimonial dispute between the petitioner and the de facto complainant, the petitioner / husband assaulted

and abused the defacto complainant in filthy language, due to which the de facto complainant sustained injury in her nose. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the injuries sustained by the de facto complainant is simple in nature. He further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police fairly submits that the de facto complainant sustained only simple injuries and that she has already been discharged from the hospital on 28.02.2026.

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 was in pursuance of the matrimonial dispute between the petitioner and the de facto complainant. From the submissions made by the learned Government Advocate (Crl.Side), it is seen that the injured has been discharged from the hospital on 28.02.2026 and also taking note of the fact that the incident occurred on 28.02.2026, at this length of time, no custodial

interrogation is required for the petitioner, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

7. 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 is made ready, before the learned Judicial Magistrate, Palladam on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 petitioner 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 everyday at 10.30 a.m. and 5.30 pm., for a period of four 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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.

12-03-2026 rap To

1. The Judicial Magistrate, Palladam.

2. The Inspector of Police, Palladam Police Station, Tiruppur District.

3. The Public Prosecutor, High Court, Madras.