Sahebrao B Pawar v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1.Sahebrao B Pawar S/o.Bajirao C.Pawar, Residing at Plot No.71-1, Gurudev Chhaya Mahatma Gandhi Road, Trikoni Bagicha Amalner.

Jalgaon Maharashtra - 425 401.

2.Rajani Sahebrao Pawar W/o. Sahebrao B Pawar, Residing at Plot No.71-1, Gurudev Chhaya Mahatma Gandhi Road, Trikoni Bagicha Amalner.

Jalgaon Maharashtra - 425 401.

..Petitioner(s) Vs State Rep.by, The Inspector of Police, F2,Auroville Police Station, Villupuram District.

Vanur Taluk -605 109.

CrimeNo.60 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioner on Bail in the event of arrest by the respondent police in the case pending investigation in Cr.No. 60 of 2026. For Petitioner(s):

C.Sangamithirai For Respondent(s):

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

ORDER

The petitioners, who apprehends arrest for the alleged offence under Sections 351(3) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023 and section 4 of Women Harassment Act, in Crime No.60 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the respondent police received an online complaint from the defacto complainant and, based on the same, a case has been registered against the petitioners.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and that they have not committed any offence as alleged by the defacto complainant and have been falsely implicated in this case. He further submitted that the petitioners are ready to co-operate with the investigation. He also submitted that the co-accused was granted anticipatory bail by this Court in Crl.O.P. No.5465 of 2026 dated 04.03.2026. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that a complaint was received online and an FIR was registered in Crime No.60 of

2025. He further submitted that the petitioners have no previous cases. However, he opposed the grant of anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent.

6. From the submissions made by the learned Government Advocate (Crl. Side), it is seen that this is a case of alleged harassment. The learned counsel for the petitioners submitted that A1 has already been enlarged on bail by this Court in Crl.O.P. No.5465 of 2026 dated 04.03.2026. The petitioners are the parents of the co-accused and the issue arises out of matrimonial discord. Considering that the petitioners are senior citizens and that the co-accused has already been enlarged on bail, this Court is inclined to extend the benefit of parity to 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 anticipatory 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 made ready, before the learned Judicial Magistrate, Villupuram, on condition that the petitioners shall execute a separate 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 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 sign before the respondent police 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 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.

13-03-2026 MPA

To

1. The Judicial Magistrate, Villupuram.

2.The Inspector of Police, F2,Auroville Police Station, Villupuram District.

Vanur Taluk -605 109.

CrimeNo.60 of 2026) 3.The Public Prosecutor, High Court of Madras, Chennai.

C.KUMARAPPAN, J.

MPA 13-03-2026