← Library
Madras High CourtCRL OP/15536/2026granted

Vijayaparvathy v. State Rep.By

2026-06-19Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Vijayaparvathy ..Petitioner Vs State rep.by The Inspector of Police, T7 Otteri Police Station, Chengalpattu District.

Cr.No.76 of 2026.

..Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to grant anticipatory bail to the petitioners/accused in the event of arrest by the respondent police in Cr.No.76/2026 on the file and pending investigation before the respondent police.

For Petitioner:

Mr.T I Ramanathan For Respondent:

Ms.R.S.Indira, Govt.Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offences under Sections 329(3), 296(b), 118(1), 351(3) of BNS equivalent to 447, 294(b), 324, 506 of IPC in Crime No.76 of 2026 on the file of the respondent police seeks

anticipatory bail.

2. The case of the prosecution is that A1 and the de facto complainant's wife were in relationship and in this connection, there was a wordy quarrel on 30.04.2026 which was escalated into an assault. Hence, the case.

3. The learned counsel for the petitioner submitted that the there are about four accused and this petitioner is arrayed as A2. He further submitted that the petitioner is innocent and she has not committed any offence as alleged by the defacto complainant and she has been falsely implicated in this case. He further submitted that she 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 Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has assaulted the de facto complainant by using cricket bat and he has been discharged from hospital on the same day. However, she opposed to grant anticipatory bail to the petitioners.

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

6. Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, taking into consideration of the totality of the circumstances, having the occurrence took place on 30.04.2026, at this length of time, custodial interrogation of the petitioners is not required. Apart from that the petitioner being a woman, this Court is inclined grant anticipatory to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-II, Chengalpattu, 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 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 petitioner shall report before the respondent Police as and when required;

(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.

19-06-2026 SHL To:

1. The Judicial Magistrate-II, Chengalpattu

2. The Inspector of Police, T7 Otteri Police Station, Chengalpattu District.

Cr.No.76 of 2026.

3. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 19-06-2026