Shyamkumar v. State Rep By The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Shyamkumar

...Petitioner

Vs.

State represented by its, The Station House Officer, Mettupalayam Police Station, Puducherry - 605 009.

...Respondent

Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest by the respondent police in respect of the FIR in Crime No.35 of 2026, pending on the file of the Sub-Inspector of Police, Mettupalayam, Puducherry.

For Petitioner : Mr.A.M.Sheik Mohammed Rafiq For Respondent : Mr.P.Dhileepan Government Advocate (Criminal Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), Page No.1 of 5

115(2), 118(1) & 351(3) of BNS in Crime No.35 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to certain matrimonial dispute, the petitioner abused the de facto complainant and assaulted her, causing injuries. Hence the case.

3. Learned counsel for the petitioner submitted that the de facto complainant is none other than the wife of the petitioner and due to some matrimonial dispute, a false and exaggerated complaint has been lodged against the petitioner. He further submitted that the petitioner did not commit any offence as alleged by the prosecution and no injuries were sustained by the de facto complainant during the alleged occurrence. Hence, he prayed for the grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for the grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record. Page No.2 of 5

6. Considering the above facts and circumstances of the case and the nature of the allegation and further taking note of the fact that no injuries were caused during the alleged occurrence, this Court is inclined to grant anticipatory bail to the petitioner with 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate-IV, Puducherry, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum, to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police everyday at 10.30.a.m., for a period of Page No.3 of 5

two weeks and thereafter, as and when required for interrogation;

[c] the petitioner shall not abscond during during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

30.04.2026 skt To:

1. The Judicial Magistrate-IV, Puducherry.

2. The Station House Officer, Mettupalayam Police Station, Puducherry - 605 009.

3. The Public Prosecutor, High Court, Madras.

Page No.4 of 5

G.K.ILANTHIRAIYAN, J.

skt 30.04.2026 Page No.5 of 5