Tahira v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Tahira

2. Bebesarah@ Sara

3. Khudai Noor Khan @ Kuthainoor ..Petitioners Vs State Rep by, The Inspector of Police, Villupuram Town Police Station, Villupuram District.

Crime No. 185 of 2025 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on bail in the event of their arrest connected in Crime No. 185 of 2025 pending investigation on the file of the respondent police.

For Petitioners:

Mrs.Subhalaxmi Samanta For Respondent:

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

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 329(3) and 351(3) of the BNS, 2023 in Crime No.185 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that due to a family property dispute between the petitioners and the defacto complainant, the petitioners attempted

to assaulted the complainant using a knife. Hence, the present case. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case without any basis. It is submitted that the occurrence took place on 01.07.2025 due to a family dispute, during which the defacto complainant and her husband also brutally assaulted the petitioners. The learned counsel further contended that the petitioners are ready to abide by any condition imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioners.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that these petitioners were attempted to assault the defacto complainant with the help of knife. Hence he opposed the grant of bail to the Petitioners.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the submissions of the learned counsel for both sides, it is seen that although a knife was mentioned in the complaint, according to the prosecution, the allegation was only an attempt. Taking into account the nature

of the allegations, the age of the petitioners especially petitioners 1 and 3 and at this length of time, custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, 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 No.1, Villupuram, on condition that the petitioners shall execute a bond each 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 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, everyday at 10.30 a.m., for a period of one week 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 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.

24-03-2026 NSL To

1. The Inspector of Police Villupuram Town Police Station, Villupuram District.

2. The Public Prosecutor High Court of Madras.

3. The Judicial Magistrate No. 1, Villupuram.

C.KUMARAPPAN, J.

NSL 24-03-2026