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Raja v. State Rep.By, the Inspector of Police,

GRANTED
Court
High Court of Madras
Decided
22 January 2026
Bench
K.Rajasekarauthor
Case no.
CRL OP 1201/2026

Judgment

ORDER The petitioner, who apprehends arrest for the alleged offence under Section 118(3), 351(3) of BNS Act and r/w. 4 of Women Harassment Act in Crime No.349 of 2025, on the file of the respondent police seek anticipatory bail.

¶2The prosecution case alleged that there was a quarrel between the de facto complainant and the petitioner. The petitioner slapped the son of the de facto complainant and when the de facto complainant questioned the petitioner, he threatened the de facto complainant with dire consequences. Hence, the case has been registered.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and he prayed to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) reiterated the case of the prosecution and submitted that there is a previous pending against the petitioner and also submitted that the investigation in this case is pending, hence, she opposed to grant anticipatory bail to the petitioner.

¶5I have gone through the FIR and other connected materials and it reveals that there was a previous case pending against the petitioner. Considering the nature of offences and the allegations levelled against the petitioner, I am of the view that the custodial interrogation of the petitioner is not necessary to investigate with the case of this nature. Hence, I am inclined to grant anticipatory bail to the petitioner subject to certain conditions.

¶6Accordingly, 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, before the learned Judicial Magistrate No.I, Thiruvallur on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:

(a) If the petitioner fail 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;

(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;

(c) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner 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];

(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 22-01-2026 shl To

¶1The Judicial Magistrate No.I, Thiruvallur

¶2The Inspector of Police, Thiruvallur Taluk Police Station, Thiruvallur.

¶3The Public Prosecutor High Court of Madras CRLoOPoNo.o1201oofo2026 K.RAJASEKAR,oJ. shl CRLoOPoNo.o1201oofo2026 22-01-2026 Pageo5oofo5

Case details

Parties and counsel

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-01-2026 CORAM THE HON'BLE MR.JUSTICE K.RAJASEKAR Raja ..Petitioner Vs State Rep.by, The Inspector of Police, Thiruvallur Taluk Police Station, Thiruvallur. (Crime No. 349 of 2025) ..Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS to enlarge the petitioner herein on bail in the event of his arrest in Crime.No.349 of 2025 on the file of the respondent police. For Petitioner: Mr.R.Parthiban For Respondent: Ms.J.R.Archana Government Advocate (Crl.Side)

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.