Arul Mozhi v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Arul Mozhi W/o.Karmegam, No.25, Sankaralinganar Street, Kavankarai, Puzhal, Thiruvallur District 600 066.

...Petitioner/Accused

Vs The State rep by, The Inspector of Police, Puzhal Police Station, Thiruvallur District.

Crime No. 269 of 2026

...Respondent/

Complainant Prayer : Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on bail in the event of her arrest in Crime No.269 of 2026, (on the file of the respondent).

For Petitioner :

Mr.S.Thirugnanam For Respondent :

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

ORDER

The petitioner, who apprehends arrest for the alleged offences under Sections 296(b), 115(2) and 351(3) of the Bharatiya Nyaya Sanhita (BNS),

2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act in Crime No.269 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to a property dispute, the petitioner, along with other accused, abused the de-facto complainant in filthy language and assaulted her with hands and threatened her with dire consequences. Due to this, the de-facto complainant sustained injuries and was admitted to the hospital. Hence, the case.

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 and she has been falsely implicated in this case. He also submitted that the petitioner is a woman, and she is ready to abide by any stringent condition that may be imposed by this Court and the petitioner is ready to cooperate for the investigation. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution's case, and he strongly opposed to grant anticipatory bail to the petitioner.

5. Heard the submission made by the learned counsel on either side and perused the materials available on record.

6. According to the prosecution, the occurrence took place on 18.03.2026, and the injured was admitted to the hospital on 20.03.2026 and discharged on the next day. Hence, taking into consideration of the totality of the circumstances and the discharge of the de-facto complaint, and upon the fact that the petitioner being a woman, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions, as at this length of time, no custodial interrogation of the petitioner is required.

7. Accordingly, the petitioner is ordered to be released on anticipatory 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 District Munsif cum Judicial Magistrate, Madavaram, 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 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, twice a day at 10.30 a.m., and 5.30 p.m., for a period of one week and thereafter, as and when required for the 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.

09-04-2026 dk

To

1. The District Munsif cum Judicial Magistrate, Madavaram

2. The Inspector of Police, Puzhal Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

dk CRL OP No. 8996 of 2026 09-04-2026