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Madras High Court/34913/2025granted

Raja v. State Rep.By, Inspector Of Police

2026-01-02Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Raja S/o.Masilamani, No.1/367 Subramaniyar Temple Street, Anathur, Villupuram District-604 102. and another

2. Mahalakshmi W/o.Raja, No.1/367 Subramaniyar Temple Street, Anathur, Villupuram District-604 102.

Petitioner(s) Vs

1. State rep.by, Inspector of Police Villupuram West Police Station, Villupuram District. Cr.No.277 of 2025.

Respondent(s) PRAYER To enlarge the petitioners herein on bail in the event of their arrest at the hands of the respondent police in Cr.No.277 of 2025 and pass such further or other orders as this Honble Court.

For Petitioner(s):

Mr.Tamilselvan For Respondent(s):

M/s.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 115(2) of BNS and section 4 of Tamilnadu Prohibition of Women Harassment Act in Crime No. 277 of 2025, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, there arose a wordy quarrel between the petitioners and the defacto complainant, as a result of which, the petitioners attacked the defacto complainant and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioners would submit that there is a case in counter case against the defacto complainant and a false case has been foisted against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured discharged from the hospital and there is no previous case against the petitioners. However, opposed to grant anticipatory bail to the petitioners.

5. Considering the above fact and circumstances of the case and also of the fact that there is case in counter case and the injured has been discharged from the hospital and that there is no previous case against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain

conditions.

6. 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 made ready, before the learned Judicial Magistrate-I, Villupuram, on condition that the petitioner 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, and on further condition: (a) If the petitioners fails to surrender before the concerned 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 06.00 p.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 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

02-01-2026 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Judicial Magistrate-I, Villupuram.

2.State rep.by, Inspector of Police Villupuram West Police Station, Villupuram District. Cr.No.277 of 2025.

3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 34913 of 02-01-2026