Lucas v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2026

CORAM

THE HONOURABLE Mr. JUSTICE K. RAJASEKAR 1.Lucas 2.Antoy Joseph

...Petitioners/A3 & A4

Vs.

State rep. by The Inspector of Police, Kanthikuppam Police Station, Krishnagiri District.

... Respondent (Crime No.396 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in event of arrest pending investigation in Crime No.396 of 2025 on the file of the respondent police.

For Petitioners : Mr.K.Balakrishnan For Respondent : Ms.J.R.Archana, Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1) and 351(2) of BNS Act, 2023 in Crime No.396 of 2025 on the file of the respondent police seek anticipatory bail.

2. The allegation against the petitioners is that the petitioners went to 1/4

the house of the defacto complainant's house and abused the defacto complainant's mother with filthy language and assaulted her with hands and thereby caused injury and also threatened her with dire consequences. Hence, a case has been registered.

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 co-accused in this case already released on anticipatory bail by this Court and 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 (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous bad antecedents have been registered against them. However, she opposed to grant anticipatory bail to the petitioners.

5. I have heard the learned counsel on both sides and also perused the materials available on record.

6. Considering the facts and submissions made on both sides; taking note of the submissions made on both sides; the nature of allegations levelled against them, no previous bad antecedents have been registered against them 2/4

and also the fact that co-accused released on anticipatory bail by this Court, I am inclined to grant anticipatory bail to the petitioner on the ground of parity, 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 Judicial Magistrate-I, Krishnagiri District, on condition that the petitioners shall execute a separate 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 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;

K.RAJASEKAR, J.

ssi (c) The petitioners shall report before the respondent 3/4

Police everyday at 10.30 a.m., for a period of three 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.

21.01.2026 ssi To 1.The Judicial Magistrate-I, Krishnagiri District.

2. The Inspector of Police, Kanthikuppam Police Station, Krishnagiri District. 3.The Public Prosecutor, High Court of Madras. Crl.OP.No.36122 of 2025 4/4