Abdul Rahim v. The State Rep.By Its, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. Abdul Rahim S/o. Chotteba, 4/64, School Street, Edappalayam, Sithalingamadam, Villupuram District.
2. Abdul Rafu @ Abdul Ravup S/o. Sheik Hussain, 1/10, Cuddalore Main Road, Edappalayam, Sithalingamadam, Villupuram District.
..Petitioner(s) Vs The State Rep.by its, The Inspector of Police, Thirukoilur Police Statlon, Kallakurichi District.
Crime No. 720 of 2025.
..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on bail in the event of their arrest in Cr. No. 720 of 2025 on the file of the respondent police.
For Petitioner(s):
M/s.Raji For Respondent(s):
MR.P.DHILEEPAN GOVT.ADVOCATE (CRL SIDE)
ORDER
The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 74 and 351(2) of BNS, 2023 in Crime No.720 of 2026, on the file of the respondent Police, seek anticipatory bail.
2. The case of the prosecution is that the first petitioner had solemnized marriage with the defacto complainant on 20.09.2025 and thereafter, the defacto complainant came to know that it was the third marriage of the first petitioner. When the same was questioned, the present incident took place. Hence, the case.
3. The learned counsel appearing for the petitioners submitted that the occurrence took place on 01.12.2025 and the FIR was registered on 18.12.2025. He further submitted that the petitioners are an innocent and have nothing to do with the alleged offence. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the injuries sustained by the defacto complainant are only simple in nature and that the injured was discharged from the hospital. Hence, he
opposed to grant anticipatory bail to the petitioners.
5. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available
6. Taking into consideration the totality of the circumstances and the fact that the injured sustained only simple injuries and has been discharged from the hospital, this Court is of the firm view that at this length of time, the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, 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, Thirukoilur, 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 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 daily at 10.30 am for a period of two weeks and thereafter as and when required;
(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.
10-04-2026 DRL To 1.The Judicial Magistrate, Thirukoilur.
2.The Inspector of Police, Thirukoilur Police Statlon, Kallakurichi District.
3.The Public Prosecutor, High Court, Madras.
C.KUMARAPPAN, J.
DRL 10-04-2026