Pushpa v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2026
CORAM
THE HON'BLE MR. JUSTICE R.SAKTHIVEL 1.Pushpa W/o. Jeevarathinam 2.Jeevarathinam S/o.Kannan 3.Rajashkhanna S/o. Jeevarathinam ... Petitioners/Accused Vs.
The State rep. by, The Inspector of Police, Ice House Police Station, ... Respondent/Complainant (Crime No.130 of 2026) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.130 of 2026 on the file of the respondent police.
For Petitioners : Mr. R. Thirumoorthy For Respondent : Mr. A. Gopinath Government Advocate (Criminal Side)
ORDER
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This Criminal Original Petition has been filed by the petitioners on 19.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of pre-arrest bail.
2. The petitioners / Accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 118(1), 126 and 351(2) of Bharatiya Nyaya Sanhita, 2023 in Crime No.130 of 2026 on the file of the respondent police.
3. The case of the prosecution is that due to wordy quarrel, the petitioners abused and assaulted the defacto complainant and caused injuries. Hence, the case.
4. Mr. R. Thirumoorthy, learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case He further submitted that there is case in counter in Crime No.129 of 2026. He, however, submits that the petitioners are ready to abide by any conditions to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioners. 2/7
5. Per contra, Mr. A. Gopinath, the learned Government Advocate (Criminal Side) appearing on behalf of the respondent - Police submitted that due to wordy quarrel the petitioners and the defacto complainant abused and assaulted each other and that a counter case has been registered against the defacto complainant in Crime No.129 of 2026. He further submitted that there was a Civil Suit pending in O.S.No.4117 of 2021 on the file of the City Civil Court, Chennai. However, he submits that the injured has been discharged from the hospital.
6. Heard on both sides. This Court has perused the records.
7. Considering the facts and circumstances of the case, the nature of the offences; and that the petitioners have permanent residence and deep roots in society; there is less possibility of absconding; and further considering that the injured has been discharged from the hospital; the injured has been discharged from the hospital; and with a view to give one more opportunity to reform themselves, this Court is inclined to grant pre-arrest bail to the petitioners. Accordingly, pre-arrest bail is granted to the petitioners subject to the following conditions:
(i) The petitioners shall be released on pre-arrest bail in the event of 3/7
their arrest or in the event of their surrender before the learned Metropolitan Magistrate No.II, Egmore, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned learned Metropolitan Magistrate No.II, Egmore. (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned learned Metropolitan Magistrate No.II, Egmore, shall obtain a copy of any one of their identity proofs to ensure their identity.
(iii) The petitioners shall appear and sign before the respondent Police, daily at 10.00 a.m., until further orders. (iv) The petitioners shall make themselves available for interrogation by a police officer as and when required.
(v) 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
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(vi) The petitioners shall not enter into the victim's house or his place; (vii) The petitioners shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence.
(viii) The petitioners shall not leave India without the previous permission of the Court.
(ix) The petitioners shall furnish their residential address and mobile number to the learned Metropolitan Magistrate No.II, Egmore. (x) On breach of any of the aforementioned conditions, the learned Metropolitan Magistrate No.II, Egmore or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
21.05.2026 Index : Yes/No 5/7
Internet : Yes/No ssi/ksa2 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 Metropolitan Magistrate No.II, Egmore.
2. The Inspector of Police, Ice House Police Station
3. The Public Prosecutor, High Court of Madras.
R.SAKTHIVEL, J.
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Crl.OP.No.13367 of 2026 21.05.2026 7/7