Bharathi v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-05-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

1. Bharthi

2. Archana ..Petitioner(s) Vs The State Rep.by, The Inspector of Police, Alangayam Police Station, Tirupattur.

Cr.No.40 of 2026.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest pending investigation in Cr.No.40 of 2026 pending investigation on the file of the Inspector of Police, Alangayam Police Station, Tirupattur District.

For Petitioner(s):

K.Venkateswaran For Respondent(s):

Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 296(b), 115(2), 118(1), 351(2) of BNS r/w 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.40 of 2026 on the file of the respondent Police, seek anticipatory bail.

2. The learned counsel for the petitioners, pleading innocence on the part of the petitioners and false implication in the case, seeks indulgence of this Court. He submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Therefore, he prayed to grant anticipatory bail to the petitioners.

3. The case of the prosecution as put forth by the learned counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail is that it is a case and case in counter and due to land dispute between the petitioners and the defacto complainant, the petitioners attacked the defacto complainant and also abused him in a filthy language. He submits that the injury is simple in nature. Hence, he opposed to grant anticipatory bail to the petitioners.

4. Having heard the learned counsel for the petitioners, the learned counsel for Government of Tamil Nadu (Criminal Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 learned Judicial Magistrate No.III, Tirupattur on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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, daily at 10.30 a.m., until further orders; [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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.

29-05-2026 Index: Yes/No Speaking/Non-speaking order NR/MPA Note:

1. Registry is directed to forthwith upload this order on the Official Website of this Court.

2. All concerned to act on this order being uploaded on 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 Judicial Magistrate No.III,Tirupattur 2.The Inspector of Police, Alangayam Police Station, Tirupattur.

3.The Public Prosecutor, Madras High Court.

MOHAMMED SHAFFIQ, J.

NR/MPA 29-05-2026