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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Suresh S/o. Alagappan, D.No.2/4-41, Erakundappatti, Kattu Valavu, Mecheri, Mettur, Erakondampatti, Salem District.

..Petitioner(s) Vs State rep. by The Inspector of Police, Mecheri Police Station, Salem District.

(Crime No.80 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the Petitioner on bail in the event of his arrest in Crime No.80 of 2026, pending on the file of the respondent and thus render justice.

For Petitioner(s):

Mr. Camyles Gandhi W For Respondent(s):

MR.P.DHILEEPAN, GOVT.ADVOCATE (CRL SIDE)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, in Crime No.80 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner assaulted his wife on 08.03.2026 on account of suspecting her fidelity. Hence, a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the occurrence took place on 08.03.2026 and that due to matrimonial discord, a false complaint has been lodged against the petitioner. 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 case and, upon instructions, submitted that the injured was discharged from the hospital on the next day. Hence, he opposed to grant anticipatory bail to the petitioner.

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

6. Considering the relationship between the petitioner and the defacto complainant, and the fact that the FIR was registered on 09.03.2026, at this length of time, the 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 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 No.II, Mettur, 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 daily at 10.30 am for a period of two weeks 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.

10-04-2026 DRL To 1.The Judicial Magistrate No.II, Mettur.

2.The Inspector of Police, Mecheri Police Station, Salem District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 10-04-2026