Boopathy v. State Rep by the Inspector of Police

ORDER The petitioner, who apprehends arrest for the alleged offence under Section 498(A) of IPC, in Crime No.39 of 2025, on the file of the respondent police seeks anticipatory bail. Page2 of 6

¶2The prosecution alleges that the petitioner and the defacto complainant are husband and wife who married in 2007. Although their matrimonial life was initially peaceful, the petitioner subsequently began subjecting the defacto complainant to daily physical and mental abuse. During the specific incident in question, the petitioner verbally abused the defacto complainant using filthy language, physically assaulted her, and threatened her with dire consequences, leading to the registration of the criminal case.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence and was not involved in the alleged incident. He further submitted that a false complaint was lodged solely to harass the petitioner and to implicate them for statistical purposes, and that the FIR was registered purely for statistical targets. Hence, he prayed for the grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that there was a matrimonial dispute between the petitioner and the defacto complainant, due to which, petitioner abused the defacto complainant and also assaulted her. Hence, he opposed to grant anticipatory bail to the petitioner. Page3 of 6

5.Taking into consideration the facts and circumstances of the case and also considering the above submissions made on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Learned Judicial Magistrate Court No.I, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 learned 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 appear and sign before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for further interrogation;

(d) On breach of any of the aforesaid conditions, the Page4 of 6 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];

(f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 05-06-2026 GBI Page5 of 6 To

1.The Inspector of Police AWPS Ambattur Police Station, Chennai District.

2.The Judicial Magistrate Court No.I, Poonamallee.

3.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o13643oofo2026 C.KUMARAPPAN,oJ. GBI CRLoOPoNo.o13643oofo2026 05-06-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Boopathy ..Petitioner(s) Vs State rep by the Inspector of Police AWPS Ambattur Police Station, Chennai District. (Cr.No.39/2025) ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of her arrest by the respondent police concerned in Crime No.39 of 2025 on the file of the respondent police on such terms and conditions and as this Honble Court may deem fit and proper and thus render justice. For Petitioner(s): Mr.R Parthiban For Respondent(s): Ms.R.S.Indira Government Advocate (Crl.Side)