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Madras High Court/12993/2026granted

Sabitha v. The State Represented By Its Inspector Of Police,

2026-06-17Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sabitha Wife of Mr.Raghavan, No.2, West Cross Street, Gandhi Nagar, Vellore.

..Petitioner(s) Vs The State represented by its Inspector of Police, Vellore North, FIR No.72 of 2026.

..Respondent(s) PRAYER: Criminal Original Petition has been filed under Section 482 of BNSS. Praying to enlarge the Petitioner on bail in the event of arrest in FIR No.72 of 2026 dated 18.03.2026 on the file of the Respondent Police to such other sureties satisfaction.

For Petitioner(s):

Mr.R.Kishore kumar For Respondent(s):

MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 296(B), 351(2), 132 of BNS Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women (Amendment) Act 2002, in FIR No.72 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner's husband, who runs an advertising agency, was denied a licence for want of a No Objection Certificate from the Highways Department, whereas a similar license was granted to Kumaravel without such a condition. When this disparity was questioned, the defacto complainant allegedly lodged the present complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and she has been falsely implicated in this case. The petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

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

5. Heard the learned counsel for the petitioner, and the learned Government Advocate (Crl.Side) for the respondent.

6. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

7. From the submissions on either side, it appears that the occurrence arose out of a wordy quarrel. The alleged occurrence took place on 16.02.2026, and the FIR came to be registered on 17.06.2026. Considering the delay, and also considering the fact that the petitioner is a woman and that the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge her on bail.

8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate IV, Vellore, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(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 of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

17-06-2026 Index: Yes/No Speaking/Non-speaking order AH To 1.The Inspector of Police, Vellore North.

2.The Judicial Magistrate IV, Vellore.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

AH 17-06-2026