Mohammed Arif v. The State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Mohammed Arif ..Petitioner(s) Vs The State rep by its, The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.

Crime No. 720 of 2025.

..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of BNSS, pleased to enlarge the petitioner on bail in the event of his arrest in Cr.No.720 of 2025 on the file of the respondent police and thus render justice. For Petitioner(s):

M/s.R.Raji For Respondent(s):

Mr.P.Dhileepan Government Advocate (Criminal side)

ORDER

The petitioner apprehends arrest for the alleged offences under Sections 296 (b), 115 (2), 74 and 351 (2) of BNS , 2023 in Crime No.720 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defactocomplainant were in a relationship and married on 20.09.2025. Subsequently, the petitioner allegedly became engaged to another woman leading to wordy quarrel between them. It is further alleged that the petitioner along with other

accused abused the defacto-complainant using filthy language, assaulted her and threatened with dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further states that the occurrence took place on 09.12.2025 and the First Information Report came to be registered on 18.12.2025. He further submitted that coaccused had been granted anticipatory bail by this Court in Crl.O.P.No.9126 of 2026 on 10.04.2026. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed the grant of anticipatory bail to the petitioner.

5.Considering the totality of the circumstances, the fact that the coaccused had been granted anticipatory bail, this Court is of the firm view that, at this length of time custodial interrogation of the petitioner is not necessary. Accordingly, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6.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, Thirukoilur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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;

(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];

C.KUMARAPPAN, J.

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

16-04-2026 ep To 1.The Judicial Magistrate, Thirukoilur.

2.The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.

3.The Public Prosecutor High Court of Madras.