N.Rajasekar v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN N.Rajasekar S/o.N.Nagouran, Gangaiamman Koil street, Periya Pilleri, Thaiyur, Kancheepuram-603103.

..Petitioner/ Accused Vs State by Inspector of Police, Kelambakkam police station, Chennai.

Cr.No.185/2026.

..Respondent/ Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge petitioner on bail in the event of his arrest by the respondent police pending investigation in Cr.No.185 of 2026 on the file of respondent police.

For Petitioner(s):

M/s. P Vasantha Kumar For Respondent(s):

Mr.N.Palanivel, Govt.Advocate (crl.Side) Order The petitioner apprehends arrest for the alleged offences under Sections 115(2) and 75(2) of Bharatiya Nyaya Sanhita, 2023 r/w Section 4 of Tamil

Nadu Prohibition of Harassment of Women Act 1998, in Crime No.185 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that during the Pongal festival, a wordy quarrel allegedly arose between him and the defacto complainant. It is alleged that the petitioner threatened and abused the defacto complainant in filthy language. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court and they are willing to cooperate with the investigation. Hence, he prayed for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the case of the prosecution and vehemently opposed the grant of anticipatory bail to the petitioners.

5. From the submissions made by the learned counsel appearing on either side, it is seen that the entire issue arose out of a wordy quarrel between the neighbours on 17.01.2026. Considering the fact that the occurrence took place on 17.01.2026, at this length of time, custodial interrogation is not required.

Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain following conditions.

6. 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 cum Munsif Court, Thiruporur, 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 before the respondent Police daily 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 petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS Act.

29-06-2026 JRS

To 1.The Judicial Magistrate cum Munsif Court, Thiruporur 2.The Inspector of Police, Kelambakkam police station, Chennai.

Cr.No.185/2026.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN J.

JRS 29-06-2026