- Court
- High Court of Madras
- Decided
- 16 February 2026
- Bench
- K.Rajasekar
- Case no.
- CRL OP 3678/2026
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Judgment
ORDER The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2), 118(1) and 351(3) of the Bharatiya Nyaya Sanhita (BNS) 2023, and Section 4 of Tamil Nadu Prohibition of Harassment of Women (TNPHW) Page2 of 6 Act, in Crime No.59 of 2026, on the file of the respondent police, seeks anticipatory bail.
¶2The allegations against the petitioner is that she, along with the other accused/A1, assaulted the defacto complainant with a bamboo stick, causing injuries on the hands, legs and head, abused, and also threatened the defacto complainant with dire consequences. Hence, the present complaint has been registered.
¶3The learned counsel for the petitioner submitted that the petitioner is innocent and she has not committed any offence as alleged by the prosecution, and due to previous enmity between the petitioner and the defacto complainant's family, a false complaint has been foisted against her. She further submitted that she is ready to abide by any stringent conditions that may be imposed by this Court and also undertakes to appear, and to co-operate for the investigation. Further, she submitted that the co-accused/A1 was arrested and subsequently granted bail. Hence, she prayed to grant anticipatory bail to the petitioner.
¶4The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner, along with the co-accused/A1, assaulted the defacto complainant with a bamboo stick and caused Page3 of 6 injuries on the hands, legs and head. It was further submitted that the petitioner abused the defacto complainant in filthy language, and threatened with dire consequences. The injured has now been discharged from the hospital. He further submitted that the petitioner has no previous cases, and that the investigation is still pending. Therefore, she opposed to grant anticipatory bail to the petitioner.
¶5Considering the above facts and circumstances of the case, taking note of the submission made by the learned Government Advocate (Criminal Side), and also considering the fact that the co-accused has already been released on bail and the injured was discharged from the hospital, this Court is 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 her appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate - II, Pollachi, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:
(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of Page4 of 6 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 suretyship (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 everyday at 10:30 A.M., for a period of two 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 was 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 298 of BNS Act. 16-02-2026 klt Page5 of 6 To
1.The learned Judicial Magistrate II, Pollachi.
2.The Inspector of Police, Kottur Police Station, Coimbatore.
3.The Public Prosecutor, High Court of Madras, Chennai. CRLoOPoNo.o3678oofo2026 K.RAJASEKAR,oJ. klt CRLoOPoNo.o3678oofo2026 16-02-2026 Page6oofo6
Case details
Parties and counsel
Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-02-2026 CORAM THE HON'BLE MR.JUSTICE K.RAJASEKAR Ragupriya ..Petitioner Vs State represented by The Inspector of Police, Kottur Police Station, Coimbatore District. (Crime No.59 of 2026) ..Respondent Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, to enlarge the petitioner on Anticipatory bail in the event of her arrest in Crime No.59 of 2026 pending on the file of the Respondent, on such terms and conditions and as this Honble Court. For Petitioner : M/s. K. Shruthi M.N.Balakrishnan, S.N.Arunkumar P.Narayana Prasadh For Respondent : M/s. J.R. Archana, Government Advocate (Crl.side)
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