[Cites 2, Cited by 0]
Madras High Court
Anaikutty vs The State Rep By The Sub-Inspector Of ... on 22 May, 2026
Crl.O.P.No.13494 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.13494 of 2026
1. Anaikutty
S/o. Natesa Gounder
Kuchi Palaya Street,
Maruthanadu Village,
Vandavasi Taluk,
Tiruvannamalai District.
2. Revathi
W/o. Anaikutty
Kuchi Palaya Street,
Maruthanadu Village,
Vandavasi Taluk,
Tiruvannamalai District.
3. Ellammal,
W/o. Natesa Gounder
Kuchi Palaya Street,
Maruthanadu Village,
Vandavasi Taluk,
Tiruvannamalai District. ... Petitioners / Accused 1,4 & 10
Versus
State rep. by
The Sub-Inspector of Police,
Kilkodungalur Police Station,
Tiruvannamalai District.
(Crime No. 46/2026) ... 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 their arrest in Crime No.46 of 2026 on the file of the respondent police.
Page No.1 of 6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.13494 of 2026
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 1,4 & 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.
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.
4. The learned counsel for the petitioners would submit that the
petitioners are innocent persons and they have been falsely implicated in this
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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.
5. 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.
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 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.
(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, Vandavasi, Tiruvannamalai within a period of 15 days from
today, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand
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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,
Vandavasi, Tiruvannamalai;
(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;
(iii) The petitioners shall appear and sign before the respondent
police, daily 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
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
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by the Hon’ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13
SCC 283].
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 District Munsif cum Judicial Magistrate,
Vandavasi, Tiruvannamalai.
2. The Sub-Inspector of Police,
Kilkodungalur Police Station,
Tiruvannamalai District.
3.The Public Prosecutor,
High Court, Madras.
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R.SAKTHIVEL, J.
dh/rsi
22.05.2026
https://www.mhc.tn.gov.in/judis
