Kavitha v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
1. Kavitha W/o.Moorthi, No.4/138, Kethandapatti Village, Natrampalli Taluk, Tirupattur District.
2. Rohith, S/o.Moorthi, No.4/138, Kethandapatti Village, Natrampalli Taluk, Tirupattur District.
..Petitioner(s) Vs State Rep. by The Inspector of Police, Natrampalli Police Station, Tirupattur District.
(Crime.No.241/2026) ..Respondent(s) PRAYER:-The Criminal Original Petition is filed under Section 482 of B.N.S.S, to enlarge the petitioners on bail in the event of their arrest in Crime.241/2026 pending investigation on the file of the respondent. For Petitioner(s):
Mr.E.Kannadasan For Respondent(s):
Mr.S.Balaji Government Advocate (Crl.Side)
ORDER
The petitioners / Accused, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 74, 126(2), 296(b), 115(2), 351(2) of BNS 2023 (under Section 354, 341, 294(b), 323, 506(i) of IPC) in connection with the Cr. No.241 of 2026, seeks anticipatory bail.
2. The case of the prosecution is that the 1st petitioner is the sister-in-law of the defacto complainant. On 26.04.2026, the 1st petitioner's daughter went to the defacto complainant land, where she feel down by tripping on the wire in her legs. The defacto complainant assuming that the petitioners had spread the wire on their land, initiate a quarrel and subsequently, both petitioners and the defacto complainant exchanged words and attacked each other. Hence the case.
3. The learned counsel for the petitioners would contend that due to previous enmity regarding the usage of common Well frequently problem arose between petitioners and the defacto complainant. The defacto complainant initiated the quarrel and a counter case has also been registered against the defacto complainant and hence the petitioner may be released on anticipatory bail.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the injured has been discharged from the hospital and there is no previous case pending against the petitioners and hence, he strongly opposed to grant anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions on either side, considering the nature of offences, considering the fact that the injured has been discharged from the hospital and there is no previous case pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 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 days from the date on which the order copy made ready, before the Judicial Magistrate-III, Tirupattur on condition that the petitioners shall each 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 petitioners shall report before the respondent Police every Saturday for a period of four weeks and thereafter as and when required;
[b] the petitioners 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 her from disclosing such facts to the Court or to any police officer; [c] the petitioners shall not leave India without the previous permission of the Court;
[d] the petitioners 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 abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.
14-05-2026 Index: Yes/No Speaking/Non-speaking order rst 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 Judicial Magistrate-III, Tirupattur.
2.The Public Prosecutor, High Court of Madras.
3.The Inspector of Police, Natrampalli Police Station, Tirupattur District.
P.DHANABAL J.
rst 14-05-2026