Harish Babu v. State Rep. By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
1. Harish Babu S/o.Prabhakaran, No. 3/285, Arignar Anna Nagar, Vijayanallur, Cholavaram, Chennai-600 067 Thiruvallur Dist. 602001
2. Prabhakaran S/o.Balakrishnan, No. 3/285, Arignar Anna Nagar, Vijayanallur, Cholavaram, Chennai-600 067 Thiruvallur Dist. 602001
3. Devi Bala W/o.Prabhakaran, No. 3/285, Arignar Anna Nagar, Vijayanallur, Cholavaram, Chennai-600 067 Thiruvallur Dist. 602001.
..Petitioner(s) Vs State Rep. By, The Inspector of Police, AWPS, Red Hills, Chennai, Thiruvallur District 602 001.
Crime.No. 27/2026 ..Respondent(s) PRAYER : Criminal Original Petition is filed under Section 482 of BNSS, to enlarge the petitioners/accused on Anticipatory Bail, in the event of their arrest, in connection with Cr.No. 27/2026 on the file of the Inspector of Police, AW.P.S. Red Hills, Thiruvallur Dist, pending further investigation into the above matter, and thus render justice.
For Petitioner(s):
Mr.R.Hardhik For Respondent(s):
Mr.A.Gopinatha Government Advocate (Crl Side)
ORDER
The petitioners, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 498-A, 406, 294(b) IPC r.w. Section 4 of the Tamil Nadu Prohibition of Harassment of Women act, 2002 in connection with the case in Crime No.27 of 2026, seek anticipatory bail.
2. The case of the prosecution is that the petitioners are the husband and in-laws of the defacto complainant / wife and the petitioner alleged to have demanded dowry, abused, assaulted and harassed the defacto complainant. Hence the case.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case and that the custodial interrogation is not required in this case and hence prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that investigation is pending, however, there is no previous case against the petitioners and hence, he strongly opposed to grant anticipatory bail to the petitioners.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. Considering the rival submissions on either side and nature of offences and there is a family dispute between the parties, HMOP and MC cases are pending and there is no previous case against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners on certain 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Ponneri, on condition that the petitioners 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 conditions that:
[a] the petitioners and 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 petitioners shall report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.
13-05-2026 Index: Yes/No Speaking/Non-speaking order MTL/SSB
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 the official website of this Court will be watermarked and will also have a QR code.
To
1. The learned Judicial Magistrate No.II, Ponneri.
2. The The Inspector of Police, AWPS, Red Hills, Chennai, Thiruvallur District 602 001.
Crime.No. 27/2026 3.The Public Prosecutor, High Court of Madras.
P.DHANABAL, J.
MTL/SSB 13-05-2026