Vijay v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL

1. Vijay

2. Vasanth ..Petitioners/Accused Vs The State rep by The Inspector of police The Inspector of police R-10 MGR Nagar Police Station, Chennai-600083.

..Respondent/ Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) Act, 2023, praying to enlarge petitioners/Accused on anticipatory bail in the event of their arrest in Crime No 118 of 2026 on the file of Inspector of Police, R-10 MGR Nagar, Chennai. For Petitioner(s):

Mr.P.Narasimha Rao For Respondent(s):

Mr.A.Amarnath, Counsel for Government of Tamil Nadu (Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioners on 18.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioners apprehend arrest at the hands of the respondent-police for the offences punishable under Sections 126(2), 296(b), 115(2), 118(1),

351(3) of Bharatiya Nyaya Sanhita, 2023, and under Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002 in Crime No.118 of 2026 on the file of the respondent-police.

3. The case of the prosecution is that the defacto complainant, owing to prior acquaintance with the first accused, developed a relationship with him. Further, the first accused induced the defacto complainant to leave her matrimonial home on the false promise of marriage and subjected her to repeated sexual intercourse. The other accused aided and facilitated the aforesaid acts of the first accused, leading to the registration of the present case.

4. Mr.P.Narasimha Rao, the learned counsel for the petitioners, submits that the petitioners are innocent persons, they have not committed any offence as alleged by the prosecution and a false case has been foisted against the petitioners. He however submits that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioners.

5. Per contra, Mr.A.Amarnath, the learned counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondent-police, submits that there are totally three accused persons in this case and the petitioners have been arrayed been arrayed as A1 & A2 who attacked the defacto complainant on

24.4.2026. Further the defacto complainant admitted in hospital and discharged on the same day. He further contends that if the petitioners are released on prearrest bail, they will again cause threat to the defacto complainant and tamper with the evidence. Accordingly, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records.

7. The petitioners have permanent residence and deep roots in the society. Hence, there is less possibility of absconding. Considering the same and also considering the nature of the offence alleged against the petitioners and taking note of the fact that the injured was discharged from hospital and with a view to give an opportunity to the petitioners 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 their arrest or in the event of their surrender before the learned XXIII Metropolitan Magistrate Court, Saidapet, Chennai 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) each along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned XXIII Metropolitan Magistrate Court, Saidapet, Chennai.

(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 XXIII Metropolitan Magistrate Court, Saidapet, Chennai shall obtain a copy of any one of 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 him from disclosing such facts to the Court or to any police officer. (vi) The petitioners shall also not, directly or indirectly, cause any threat to the defacto complainant, his family members and witnesses and shall not tamper the evidence.

(vii) The petitioners shall not enter into the defacto complainant's house or his work place.

(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 concerned Magistrate.

(x) On breach of any of the aforementioned conditions, the learned XXIII Metropolitan Magistrate Court, Saidapet, Chennai, 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 him 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.

22-05-2026 Index: Yes/No Speaking/Non-speaking order JAI

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 XXIII Metropolitan Magistrate Court, Saidapet, Chennai

2. The Inspector of police R-10 MGR Nagar Police Station, Chennai-600083.

3. The Public Prosecutor, High Court of Madras.

R.SAKTHIVEL, J.

JAI 22-05-2026