Santhi Vs The State Rep by Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event of his arrest pending investigation in Crime no.213 of 2026 on the file of the Inspector of Police, All Women Police Station, Virudhachalam, Cuddalore District.

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For Petitioner(s): M/S. Thirumalaivasan Pachiyappan For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)

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ORDER

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The petitioners apprehends arrest for the alleged offence under Sections

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85, 127(3), 296(b), 115(2), 351(3) of BNS, 2023 and Section 4 of Tamil Nadu

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Prohibition of Harassment of Women Act in Crime No. 47 of 2026 on the file of the respondent police seeks anticipatory bail.

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

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CRL OP No. 19434 of 2026

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The case of the prosecution is that due to previous enmity, the

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petitioners abused the defacto complainant in a filthy language and also threatened her with dire consequences. Hence, the case.

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The learned counsel for the petitioner submitted that the petitioners are innocent and they have not committed any offence as alleged by the de facto complainant and they have been falsely implicated in this case. He further submitted 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.

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The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally five accused and the petitioners, who are in-laws of the defacto complainant, have been arrayed as A2 to A5. He submits that due to matrimonial dispute, the complaint came to be registered. He also submits that no previous case is pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

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CRL OP No. 19434 of 2026

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5. I have given my anxious consideration to either side submissions and perused the materials available on record.

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Considering the facts and circumstances of the case, from the submissions made by learned Government Advocate(crl.side), it is seen that the 1^st accused and the defacto complainant are husband and wife and due to matrimonial discord, FIR came to be registered. It is further seen that the petitioners have no criminal antecedents. Hence, in such view of the circumstances and the petitioners 1 to 3 are being woman, the custodial interrogation of the petitioners are not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

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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 No.I, Virudhachalam 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:

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(a) If the petitioners fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the

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CRL OP No. 19434 of 2026

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date of receipt of a copy of this order, this order shall stand automatically cancelled;

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(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;

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(c) The petitioners 1 to 3 shall report before the respondent Police as and when required for interrogation; The 4^th petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

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(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 petitioner 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];

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(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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22-07-2026

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NR

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CRL OP No. 19434 of 2026