Anaikutty Vs The State Rep by The Sub-Inspector of Police

Ellammal, W/o. Natesa Gounder Kuchi Palaya Street, Maruthanadu Village, Vandavasi Taluk, Tiruvannamalai District. ... Petitioners / Accused 1,4 & 10 Versus

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State rep. by The Sub-Inspector of Police, Kilkodungalur Police Station, Tiruvannamalai District. (Crime No. 46/2026) ... Respondent/Complainant

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PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on bail in the event of their arrest in Crime No.46 of 2026 on the file of the respondent police. Page No.1 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.13494 of 2026

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For Petitioners : Mr.E.Sathiyaraj Elangovan For Respondent : Mr.C.R.Malarvannan Government Advocate (Criminal Side)

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ORDER

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This Criminal Original Petition has been filed by the petitioners on 19.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant an order of pre-arrest bail.

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The petitioners / Accused 1,4 & 10, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 296 (b), 191, 191 (b), 115 (2), 118 (1), 351 (2), 329 (4) of Bharatiya Nyaya Sanhita, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No. 46/2026 on the file of the respondent police.

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3. The case of the prosecution is that the petitioners along with other accused trespassed into the house of the defacto complainant and attacked him, his mother and his sister with a knife, causing injuries to them. Hence, the complaint.

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4. The learned counsel for the petitioners would submit that the

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petitioners are innocent persons and they have been falsely implicated in this Page No.2 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.13494 of 2026

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case. He would further submit that it is a case in counter. Hence he prayed to grant an order of pre-arrest bail to the petitioners.

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The learned Government Advocate (Criminal Side) appearing for the respondent submitted that there is one previous case pending as against the first petitioner and no previous case pending as against the second and third petitioner and the injured has been discharged from the Hospital.

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Heard both sides. This Court has perused the records.

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Considering the above facts and circumstances of the case, the nature

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of the offence alleged to have committed by the petitioners and also considering the fact that the injured has been discharged from the hospital and the first petitioner alone has one previous case while the other petitioners have no previous cases, and in order to give one more opportunity to the petitioners, this Court is inclined to grant an order of pre-arrest bail to the petitioners subject to the following conditions.

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(i) The petitioners shall be released on bail in the event of their arrest or in the event of their surrender before the learned District Munsif cum Judicial

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Magistrate, Vandavasi, Tiruvannamalai within a period of 15 days from today, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Page No.3 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.13494 of 2026 only) each, along with two sureties each for a like sum of Rs.10,000/- to the

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satisfaction of the learned District Munsif cum Judicial Magistrate, Vandavasi, Tiruvannamalai ;

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(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned District Munsif cum Judicial Magistrate, Vandavasi, Tiruvannamalai shall obtain a copy of any one of identity proofs to ensure their identity;

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(iii) The petitioners shall appear and sign before the respondent police, daily at 10.00 a.m, until further orders.

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(iv) The petitioners shall make themselves available for interrogation by police as and when required;

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(v) 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;

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(vi) The petitioners shall not enter into the defacto complainant's house and workplace; and

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(vii) On breach of any of the aforementioned conditions, the learned District Munsif cum Judicial Magistrate, Vandavasi, Tiruvannamalai/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by themselves as laid down Page No.4 of 6

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Crl.O.P.No.13494 of 2026

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by the Hon’ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 283].

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Accordingly, this Criminal Original Petition is allowed subject to the

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conditions stated supra .

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22.05.2026

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Index : Yes/No Internet : Yes/No Neutral citation : Yes/No dh/rsi

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Note:-

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1 .Registry is directed to forthwith upload this order in the official website of this Court.

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2 .All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

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To

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