← Library
Madras High CourtCRL OP/11963/2026granted

Ahamadulla v. The State Rep By Its,

2026-05-13Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Ahamadulla, M/aged 24 years ... Petitioner vs.

State rep by The Inspector of Police, All Women Police Station, Chengalpattu District.

(Crime No.04 of 2026) ... Respondent PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent police in Crime No.04 of 2026.

For Petitioner:

Mr.V. Vijayakumar For Respondent:

Mr.S. Balaji Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 69, 238(b), 351(3) of BNS Act, 2023, in connection with Cr.No.04 of 2026, seeks anticipatory bail.

2.

The case of the prosecution is that, the petitioner and the de facto complainant were in love with each other and that the petitioner, on the pretext of marriage, forcibly committed the alleged act against the de facto complainant and also broke her mobile phone. Hence, the case.

3. The learned counsel for the petitioner would submit that the de facto complainant lodged a false complaint against the petitioner and that the petitioner and the de facto complainant were in consensual relationship for more than four years. He would further submit that when the petitioner questioned the de facto complainant about her contact with several other persons through Instagram, WhatsApp and other social media platforms, she picked up a quarrel and lodged a false complaint. According to the learned counsel for the petitioner, when the alleged offence took place on 15.08.2025, FIR was registered only on 27.03.2026. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and would submit that there is no previous case as against the petitioner and that the petitioner has also appeared before the respondent police for enquiry.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side, age of the parties and the relationship between them, and considering the fact that the FIR has been registered belatedly and the petitioner has also appeared before the respondent police for enquiry, I am inclined to grant anticipatory bail to the petitioner subject to the following 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 Additional Mahila Court, Chengalpattu District, 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 learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; [c] the petitioner shall not leave India without the previous permission of the Court;

[d] the petitioner shall not abscond 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 absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

13.05.2026 bga/dh Note:

1.Registry is directed to forthwith upload this order in the official website of this Court.

2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

To

1. The Additional Mahila Court, Chengalpattu District

2. The Inspector of Police, All Women Police Station, Chengalpattu District.

3. The Public Prosecutor, High Court, Madras.

P. DHANABAL,J.

bga/dh 13.05.2026