Mohamed Farith v. 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 Mohamed Farith, S/o.Parakkath Ali, Anna Nagar, Koothanallur Taluk, Thiruvarur District.

..Petitioner(s) Vs State rep. by The Inspector of Police, All Women Police Station Thiruvarur, Thiruvarur District.

Crime No.25 of 2024 ..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 apprehending arrest in the Crime No.25 of 2024 on the file of Inspector of Police, All Women Police Station Thiruvarur, Thiruvarur District. For Petitioner(s):

Mr.P.Muthamizh Selvakumar For Respondent(s):

Mr.N.Palanivel, Government Advocate (Crl. Side) Order The petitioner apprehends arrest for the alleged offence under sections 498(a), 494 of the Indian Penal Code, in Crime.No.25 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that there was a matrimonial dispute elucidated between the petitioner and the defacto complainant and the petitioner left the matrimonial home, after that the defacto complainant had lodged the complaint. Hence the case.

3. The learned counsel for the petitioner submitted that there was a dissolution of marriage between the petitioner and the defacto complainant and the defacto complainant had lodged the complaint in an exaggerated manner. The petitioner is an innocent and he has not committed any offence and he has been falsely implicated in this case. He further submitted that the petitioner is 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 petitioner.

4. The learned Government Counsel (Criminal Side) appearing for the respondent police reiterated the prosecution case and strongly opposed to grant anticipatory bail to the petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. From the submissions made by either side, it is seen that this is a case of matrimonial dispute between the petitioner and the defacto complainant, and considering the facts and circumstances of the case, this Court is of the view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate (Additional Mahila Court), Thiruvarur, 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 fail 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 and sign before the respondent Police, everyday at 10.30 a.m., for a period of 15 days 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.

15-06-2026 Index: Yes/No Speaking/Non-speaking order AH To 1.The Inspector of Police, All Women Police Station Thiruvarur, Thiruvarur District.

2.The Judicial Magistrate (Additional Mahila Court), Thiruvarur.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN J.

AH 15-06-2026