Raja Vs State Rep.by, The Inspector of Police

PRAYER: To grant Anticipatory Bail to the Petitioner in the event of arrest in connection with Crime No. 1229 of 2025 on the file of the Respondent Police.

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For Intervener: Mr.R.C.Paulkanagaraj For Petitioner(s): Jeyaraj Israel For Respondent(s): M/S.J.R.Archana Government Advocate (Crl.Side)

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CRL OP No. 2944 of 2026

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ORDER

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The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 115(2) & 351(2) of

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BNS and under section 4 of TNPHW Act, 2002 in Crime No.1229 of 2025, seeks anticipatory bail.

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The allegation against the petitioner is that the petitioner is the husband of the de facto complainant and since there were differences of opinion between the husband and wife, the petitioner used to harass her and similarly on the date of occurrence, the petitioner attacked her on head, unable to bear the insult and humiliation she attempted to commit suicide. Hence, the case has been registered.

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The learned counsel for the petitioner would submit that the petitioner

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is divorcee and he joined the victim in this case for some time and they lived together and they are also having children living with them and since the victim attempted to commit suicide, the case has been registered against the petitioner and apprehending arrest, the petition has been filed. He further submitted that the de facto complainant’s conduct is not proper, hence he only questioned her and it is also not a case of harassment and is ready to co-operate with the investigation. Hence, prays to grant anticipatory bail to the petitioner.

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The learned counsel for the intervener has doubtfully opposed granting

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bail and submitted that the petitioner has cheated the de facto complainant financially under the guise of meeting out the medical expenses and now he is neglecting the family members and also harassing her. Hence, she has attempted to commit suicide.

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The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation is pending. However, she opposed granting anticipatory bail to the petitioner.

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Considering the nature of the allegations and other circumstances of

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the case and also the fact that it is a case of attempt to commit suicide and I am of the view that investigating a case of this nature, custodial interrogation is not necessary, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruvottiyur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each

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CRL OP No. 2944 of 2026

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for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

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(a) If the petitioners fails to surrender before the concerned 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;

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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 petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three 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 petitioners released on 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

09-02-2026

MPA

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