K Santhi Vs The state rep by The inspector of police

Prayer: This petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioners on bail in the event of their arrest in respect of crime No 94 of 2026, on the file of the Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

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For Petitioner(s): Mr. Viswanathan SB For Respondent(s): Mr. A.Amarnath Counsel of Government of Tamil Nadu (Criminal Side)

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ORDER

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This criminal original petition is filed by the petitioners on 19.05.2026

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under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the

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

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CRL OP No. 13616 of 2026

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petitioners on bail in connection with the crime No.94 of 2026 pending investigation on the file of the respondent police.

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The case of the prosecution is that the petitioner – 1 is having relationship outside the marriage with one Vaediyappan. The defacto complainant is none else than the husband of the petitioner – 1. The petitioner – 2 is none else than the son of the defacto complainant and the petitioner – 1. In view of the domestic quarrels, the occurrence took place and the defacto complainant was admitted in the hospital on 02.05.2026 and discharged on 07.05.2026.

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The learned counsel for the petitioners submitted that petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that no previous case is pending against the petitioners. Hence, he prayed to grant an order of pre-arrest bail to the petitioners.

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The learned Counsel of Government of Tamil Nadu (Criminal Side) submitted that this case has been registered in Cr.No.94 of 2026 for the offences punishable under Sections 296 (b), 115(2), 118 (1) and 351 (3) of the Bharatiya Nyaya Sanhita, 2023. He further submitted that there is no previous case against the petitioners.

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CRL OP No. 13616 of 2026

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Heard on 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 offences alleged to have committed by the petitioners; the fact that there is no previous case against 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 Magistrate, Kalasapakkam, Thiruvannamalai, within a period of 15 days from today, on executing a bond for a sum of Rs.25,000/- (Rupees Ten Thousand only), each along with two sureties each for a like sum of Rs.10,000/- to the satisfaction of the learned District Munsif – cum – Judicial Magistrate, Kalasapakkam, Thiruvannamalai ;

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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, Kalasapakkam, Thiruvannamalai 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

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

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CRL OP No. 13616 of 2026

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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, Kalasapakkam, Thiruvannamalai / Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by themselves as laid down 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 conditions stated supra .

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22-05-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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KAN

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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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CRL OP No. 13616 of 2026

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To

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