Hariharanshankar v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Hariharanshankar ..Petitioner Vs The State Rep.by, The Inspector of Police, W-32 Madipakkam All Women Police Station, Chennai District.

Crime No.7 of 2026 ..Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS, 2023 to enlarge the petitioner on bail, in the event of his arrest, in Crime No. 7 of 2026 on the file of the Inspector of Police, W-32 Madipakkam All Women Police Station, Chennai District.

For Petitioner:

Mr.T.Ramkumar For Respondent:

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

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(1), 351(2), 85 of BNS and 4 of the Tamil Nadu Prohibition of

Harassment of Woman (TNPHW) Act in Crime No.7 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner had physically harassed and abused the de facto complainant in filthy language which resulted in mental depression to the de facto complainant. Hence, the case.

3. The learned counsel for the petitioners submitted that this is a case of matrimonial discord between the petitioner and the de facto complainant. The learned counsel for the petitioners also submitted that there are also other cases between the petitioner and the de facto complaint namely divorce and domestic violence cases. He further submitted that the petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to cooperate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the alleged incident took place between 30.7.2023 and 06.07.2024 and that the FIR was

registered on 09.03.2026. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case, in view of the factual submission of either side, this Court is of a view that custodial interrogation of the petitioner is not required. Hence this court is inclined to enlarge the petitioner on anticipatory 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, Alandur, on condition that the petitioner shall execute a 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 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 05.30 p.m. for a period of fifteen days 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 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.

26-03-2026 SHL To:

1. The Judicial Magistrate, Alandur.

2. The Inspector of Police, W-32 Madipakkam All Women Police Station, Chennai District.

3. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 26-03-2026