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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Lenin S/o.Sivalingam, Residing at, No. 25, Ambedkar Street, Chinnakavanam Village, Ponneri Taluk, Thiruvallur District - 601 204.

2. Punnithavthi W/o.Lenin, Residing at, No. 25, Ambedkar Street, Chinnakavanam Village, Ponneri Taluk, Thiruvallur District - 601 204.

3. L.Santhosh @ Harshavarthanan S/o.Lenin, Residing at, No. 25, Ambedkar Street, Chinnakavanam Village, Ponneri Taluk, Thiruvallur District - 601 204.

4. H. Bhavani Alias Suji ..Petitioner(s) Vs State rep. by The Inspector of Police, All Women Police Station, Ponneri, Redhills District.

(Crime No. 03 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 their arrest in connection with Crime No. 03 of 2026 on the file of respondent Police and thus render justice. For Petitioner(s):

M/s.V.Manimaran For Respondent(s):

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

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 69, 89, 108, 296(b), 318(2) of BNS r/w. Section 49 of BNS in Crime No. 03 of 2026, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de facto complainant was raped by A1 on a false promise of marriage, and that, by fraudulent means, the petitioners administered certain tablets, as a result of which the de facto complainant suffered a miscarriage. Hence, the complaint.

3. The learned counsel for the petitioners submitted that A1 was already arrested on 23.03.2026 and is in judicial custody, whereas the present petitioners are the parents and sibling of A1. The said contention was not seriously disputed by the learned Government Advocate (Criminal Side). Hence, he prayed for the grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) fairly submitted that the overt act alleged against these petitioners is that they had knowledge of the conduct of A1 and had abetted him; apart from this, there are no specific allegations against the petitioners. However, he opposed the grant of anticipatory bail to the petitioners.

5. I have given my anxious consideration to the submissions made on either side.

6. In view of the above facts and considering that the petitioners are the parents and sibling of A1, and that their custodial interrogation is not required, 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 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-I, Ponneri, 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 daily 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.

07-04-2026 MPA

To

1. The Judicial Magistrate-I, Ponneri.

2. The Inspector of Police, All Women Police Station, Ponneri, Redhills District.

(Crime No. 03 of 2026)

3. The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

MPA 07-04-2026