Maheshwari v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. Maheshwari W/o.Suresh, residing at No.1/105, Pattiamman Koil Street, Vandalur, Chennai 600 046.
2. Reshma D/o.Suresh, residing at No.1/105, Pattiamman Koil Street, Vandalur, Chennai 600 046
3. Santhosh S/o.Suresh, residing at No.1/105, Pattiamman Koil Street, Vandalur, Chennai 600 046.
..Petitioner(s) Vs State Rep. by The Inspector of Police T-7 Otteri Police Station, Chengalpattu District.
Crime No. 30/2026 ..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 pending investigation in Cr.No. 30/2026 on the file of the Inspector of Police, T7 , Otteri Police Station, Chengalpattu District and thus render justice. For Petitioner(s):
Mr. M.Prashanth 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) and 115(2) of the BNS, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, in Crime No.30 of 2026, on the file of the respondent Police, seek anticipatory bail.
2. The case of the prosecution is that, due to a land dispute between the petitioners and the defacto complainant, a wordy altercation arose between them, during which the defacto complainant sustained simple injuries. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioner is an innocent and has been falsely implicated in this case. He further submitted that it is a case and case in counter. 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 in the counter case, this Court has already granted anticipatory bail and that the injured has been 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.
6. Considering the totality of the circumstances of the case and the alleged occurrence took place on 25.02.2026, the injured has been discharged from the hospital and upon the fact that in the counter case, this Court has already granted anticipatory bail, at this length of time, no custodial interrogation of the petitioner is 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 Additional Mahila Court, Chengalpattu, 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 30 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 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.
16-04-2026 DRL To 1.The Additional Mahila Court, Chengalpattu.
2.The Public Prosecutor, High Court, Madras.
3.The Inspector of Police T-7 Otteri Police Station, Chengalpattu District.
Crime No. 30/2026
C.KUMARAPPAN, J.
DRL 16-04-2026