Maheshwari v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.Maheshwari 2.A.Gowtham 3.G.Ramesh @ Eswaramoorthy 4.C.Prakash

5. S.Sivakumar ... Petitioners Vs.

State represented by The Inspector of Police, Vellithiruppur Police Station, Erode District.

Crime No.61 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event of his arrest by the respondent police in the above Cr.No.61 of 2026 on the file of the respondent.

For Petitioners : Mr.R.Parthiban For Respondent : Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 189, 296, 118(i), 115, 351(ii), 4 of Women Harassment BNS Act, in Crime No.61 of 2026 on the file of the respondent police seeks anticipatory bail.

1/5

2. The allegation against the petitioners is that the defacto complainant is the second wife of the first petitioner's husband and due to property dispute, petitioners attacked the defacto complainant and thereby defacto complainant sustained injuries.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured was admitted in the hospital and discharged after five days. However, he opposed for grant of anticipatory bail to the petitioner. 2/5

5. From the submissions made by the learned Government Advocate (Crl. Side), this Court could able to find that injured has been discharged from the hospital and hence taking into consideration the totality of the circumstances and upon the fact that the first petitioner being women and other petitioners supported the first petitioner on account of property dispute, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are 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.2 Bhavani, Erode on condition that the petitioners shall execute a bond for a sum of Rs.

(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 3/5

of identify proofs to ensure their identity;

(c) The petitioners shall stay at Madurai and report before the Inspector of Police, Thallakulam Police Station daily at 10.30.a.m., for a period of two weeks and thereafter before the respondent police 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. 17.04.2026 sma To

1. Judicial Magistrate No.2 Bhavani, Erode 2.The Inspector of Police, Vellithiruppur Police Station, Erode District.

3.The Public Prosecutor, High Court of Madras.

4/5

C.KUMARAPPAN.J.

sma 17.04.2026 5/5