Rajesh v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Rajesh ..Petitioner(s) Vs State Rep.by, The Inspector of Police, Mecheri Police Station, Mecheri, Salem District.
Crime No. 77 of 2026.
..Respondent(s) Prayer: Criminal Original Petition is filed under Section 482 of BNSS, 2023, pleased to enlarge the petitioner on Anticipatory bail in the event of the arrest in connection with the Crime. No.77 of 2026, on the file of Respondent Police. For Petitioner(s):
M/s.D.Jeevitha For Respondent(s):
Mr.P.Dhileepan
ORDER
The petitioner apprehends arrest for the alleged offence under Sections Sections 296 (b), 115 (2) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.77 of 2026 on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that the defacto-complainant is employed as a nurse at Yazhini Hospital. It is alleged that on 02.03.2026, the petitioner who works as an Ambulance Driver arrived in an inebriated state, slapped the defacto-complainant and used abusive language against the female nurses. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that under the influence of alcohol, the petitioner has assaulted the defacto-complainant and co-workers of the hospital. Hence, he opposed the grant of anticipatory bail to the petitioner. 5.Considering the nature of the allegations, and the totality of the circumstances, this Court is of the firm view that custodial interrogation of the petitioner is not necessary at this stage.
Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 is made ready, before the learned Judicial Magistrate No.II, Mettur, on condition that the petitioner shall execute a bond for a sum of Rs.
(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 daily at 10.30 am and 5.30 pm. for a period of two weeks and thereafter as and when required;
(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.
23-03-2026 ep Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
C.KUMARAPPAN, J.
ep To 1.The Judicial Magistrate No.II, Mettur.
2.The Inspector of Police, Mecheri Police Station, Mecheri, Salem District.
3.The Public Prosecutor High Court of Madras.
23-03-2026