Saranya v. State By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Saranya ..Petitioner(s) Vs State by, Inspector of Police, Palacode Police Station, Dharmapuri District.
Cr.No.90 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 arrest by the respondent police in Cr.No.90 of 2026 on the file of the respondent police.
For Petitioner(s):
Mr.D.Thirumoorthy For Respondent(s):
Mr.P.Dhileepan, Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(2) and 351(3) of BNS, 2023 in Crime No.90 of 2026 on the file of the respondent police seeks anticipatory bail.
2. The allegation against the petitioner is that the petitioner is the wife
and the de facto complainant is the husband. When the petitioner visited the school where her children are studying, a wordy quarrel arose and the family members of the petitioner attacked the de facto complainant with an iron rod, due to which the de facto complainant was treated as an out patient in a Hospital. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and she has not committed any offence as alleged by the de-facto complainant. He further submits that the petitioner has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police fairly submits that the injury sustained by the de facto complainant is simple in nature and the de facto complainant has been treated as an out patient in a hospital.
5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.
6. The entire issue surfaced on account of a matrimonial dispute between the petitioner and the de facto complainant. In view of the peculiar circumstances and taking into consideration the nature of the offence and also
that the injury sustained by the de facto complainant is simple in nature, custodial interrogation of the petitioner is not required. Hence, 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 her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Palacode, 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 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.
24-03-2026 rap To
1. The Inspector of Police, Palacode Police Station, Dharmapuri District.
2. The Judicial Magistrate, Palacode
3. The Public Prosecutor, High Court, Madras.