Citation : 2026 Latest Caselaw 2751 Mad
Judgement Date : 22 May, 2026
Crl.O.P.No.13496 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2026
CORAM:
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
Crl.O.P.No.13496 of 2026
1. Sasikumar
S/o. Muthu,
No.13/4, Erikalai Street,
Mambakkam Village,
Kadaladi, Tiruvannamalai District.
2. Navaneetham
W/o. Selvakumar
No.392, Gandhi Nagar,
Kanthampalayam,
Tiruvannamalai.
3. Malliga
W/o. Vediyappan
Thiruvallur Colony,
Siruvallur Village,
Tiruvannamalai District.
4. Parvathy
W/o. Muthu
No.13/4, Erikalai Street,
Mambakkam Village,
Kadaladi, Tiruvannamalai District.
5. Anandhi
W/o. Velmurugan
Thiruvallur Colony,
Siruvallur Village,
Tiruvannamalai District. ... Petitioners / Accused 1 to 5
Versus
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.13496 of 2026
State rep. by
The Inspector of Police,
Adamangalam Pudur Police Station,
Tiruvannamalai District.
(Crime No. 64/2026) ... Respondent/Complainant
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 pre-arrest in Crime No.64 of 2026 on the file of the respondent police.
For Petitioners : Mr.E.Sathiyaraj Elangovan
For Respondent : Mr.C.R.Malarvannan
Government Advocate (Criminal Side)
ORDER
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.
2. The petitioners / Accused 1 to 5, apprehend arrest at the hands of the
respondent police for the alleged offences punishable under Sections 191 (2),
296 (b), 115 (2), 351 (2) of Bharatiya Nyaya Sanhita, 2023 and Section 4 of
Tamil Nadu Prohibition of Harassment of Women Act in Crime No. 64/2026 on
the file of the respondent police.
3. The case of the prosecution is that the petitioners abused and attacked
the defacto complainant causing injury. Hence, the complaint.
https://www.mhc.tn.gov.in/judis
4. The learned counsel for the petitioners would submit that the
petitioners are innocent persons and they have been falsely implicated in this
case. Hence he prayed to grant an order of pre-arrest bail to the petitioners.
5. The learned Government Advocate (Criminal Side) appearing for the
respondent submitted that the injured has been discharged from the Hospital.
6. Heard both sides. This Court has perused the records.
7. Considering the above facts and circumstances of the case, the nature
of the offence alleged to have committed by the petitioners and also considering
the fact that the injured has been discharged from the hospital, this court is
inclined to grant an order of pre-arrest bail to the petitioners subject to the
following conditions.
(i) The petitioners shall be released on bail in the event of their arrest or
in the event of their surrender before the learned Judicial Magistrate,
Kalasapakkam, Tiruvannamalai within a period of 15 days from today, on
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each
along with two sureties each for a like sum of Rs.10,000/- to the satisfaction of
the learned Judicial Magistrate, Kalasapakkam, 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 Judicial Magistrate, Kalasapakkam,
Tiruvannamalai shall obtain a copy of any one of their identity proofs to ensure
their identity;
(iii) The petitioners shall appear and sign before the respondent
police, weekly twice ie., on Monday and Friday at 10.00 a.m, until further
orders.
(iv) The petitioners shall make themselves available for interrogation by
police as and when required;
(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;
(vi) The petitioners shall not enter into the defacto complainant's house
and workplace; and
(vii) On breach of any of the aforementioned conditions, the learned
Judicial Magistrate, Kalasapakkam, 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 by the
Hon’ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 283].
https://www.mhc.tn.gov.in/judis
8. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
22.05.2026
Index : Yes/No Internet : Yes/No Neutral citation : Yes/No dh/rsi
Note:-
1.Registry is directed to forthwith upload this order in the official website of this Court.
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.
To
1. The Judicial Magistrate, Kalasapakkam, Tiruvannamalai.
2. The Inspector of Police, Adamangalam Pudur Police Station, Tiruvannamalai District.
3.The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis
R.SAKTHIVEL, J.
dh/rsi
22.05.2026
https://www.mhc.tn.gov.in/judis
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