Sharmila v. The State Rep By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-01-2026
CORAM
THE HONOURABLE MR. JUSTICE K. RAJASEKAR
1. Sharmila
2. Sowmiya Petitioner(s) Vs The State Rep By Inspector of Police E-5, Sholavaram Police Station.
Avadi Police Commissionerate.
Crime No.609 of 2025 Respondent(s) PRAYER:This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioners on bail in event of their arrest in Crime No.609/2025 Pending investigation before the Respondent Police E-5, Sholavaram Police Station, Avadi Police Commissionerate.
For Petitioner(s):
Mr.S Senthilkumar For Respondent(s):
Ms.J.R.Archanam, GA (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 115(2), 118(1) and 351(3) of BNS 2023 in connection with the Cr.No.609 of 2025, seeks anticipatory bail.
2. The allegations against the petitioners is that on 13.09.2025, the petitioners along with other accused assaulted the defacto complainant with sticks and hands causing injuries to his cheek and chest, and threatened with dire consequences. Hence, the case.
3. Learned counsel for the petitioners submitted that the petitioners are innocent persons, and they have been falsely implicated in this case by the respondent police and ready to abide by any stringent condition that may be imposed by this Court and prays for grant of anticipatory bail to the petitioners.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and on instructions, submitted that totally four accused involved in this case, and the petitioners are arrayed as A3 and A4. She further submitted there is no previous case pending against the petitioners, the investigation in this case is still pending and opposed for grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the submissions made by the learned counsel appearing on either side, the injured has been discharged from hospital and the custodial interrogation of the petitioners is not necessary, I am inclined to grant anticipatory bail to the petitioners with 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 made ready, before the learned Judicial Magistrate II, Ponneri on condition that each of the petitioners shall execute a 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 that: [a] the petitioners shall report before the respondent police daily at 10.30 am., for a period two weeks and thereafter as and when required for interrogation. [b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[c] the petitioners shall not leave India without the previous permission of the Court;
[d] the petitioners shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial
Court is entitled to take appropriate action 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 vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.
09-01-2026 jai To 1.The Inspector of Police E-5, Sholavaram Police Station.
AvadiPolice Commissionerate.
2. The Judicial Magistrate II, Ponneri.
3. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
jai 09-01-2026