Shakila v. The State Rep by the Inspector of Police

O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b) and 118(1) of BNS Act, read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.105 of 2026 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 09.06.2026, when the defacto complainant along with her family members visited the house of the accused persons, A1 abused them in filthy language, criminally intimidated them and also assaulted the defacto complainant and other persons using wooden log. Hence, the case.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and that she has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, submitted that injured got discharged from the hospital and the petitioner has no previous case. However, he opposed the grant of anticipatory bail to the petitioner.

¶5Taking into consideration the totality of the circumstances, and the fact that the injured got discharged from the hospital and that the petitioner has no previous case, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, 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 is made ready, before the learned District Munsif cum Judicial Magistrate, Gummidipoondi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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, being a woman, shall report before the respondent Police 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

05.08.2026

ssb To

1.The District Munsif cum Judicial Magistrate, Gummidipoondi.

2.The Inspector of Police, F1, Gummidipoondi Police Station, Tiruvallur District-601 201.

¶3The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J. ssb

05.08.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.08.2026 CORAM THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Shakila ... Petitioner Vs. The State Represented by its, The Inspector of Police, F1, Gummidipoondi Police Station, Tiruvallur District-601 201. (Crime No.105 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.105 of 2026 on the file of the respondent police. For Petitioner : Mr.Vasantha Kumar For Respondent : Mr.N.Palanivel Government Advocate (Crl.Side)