Hemanth Kumar v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Hemanth Kumar

2. Saradha ..Petitioners Vs The State of Tamilnadu, Represented by its Inspector of Police, T-14, Mangadu Police Station, Chennai.

..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest in crime No. not known of 2026 on the file of the respondent police, namely T-14 Mangadu Police station, Chennai. For Petitioners:

Mr.T.Akshara For Respondent:

Mr.N.Palanivel Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Section 118(2) of BNS in Crime No.239 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that due to matrimonial dispute between the first petitioner and the defacto complainant, the petitioners have assaulted

the defacto complainant. Hence the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the defacto complainant and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and upon instructions, submitted that the injured has been discharged from the hospital and that the present FIR was registered on account of a matrimonial dispute. Hence, he opposed the grant of anticipatory bail to the petitioners

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the facts and circumstances of the case and also taking note of the submissions made by the learned counsel on both sides that the present FIR was registered due to a matrimonial dispute and that the injured person has been discharged from the hospital, this Court is inclined to grant

anticipatory bail to the petitioners, subject to 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 (15) days from the date on which the order copy is made ready, before the learned District Munsif-Cum Judicial Magistrate, Sriperumbudur, Kancheepuram District, on condition that the petitioners shall execute a bond each 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 petitioners 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of two 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

15-06-2026 NSL To

1. The Inspector of Police, T-14, Mangadu Police Station, Chennai.

2. The Public Prosecutor High Court of Madras.

3. The District Munsif cum Judicial Magistrate, Sriperumbudur Kancheepuram District.

C.KUMARAPPAN, J.

NSL 15-06-2026