Sekar v. State Represented by Inspector of Police

ORDER The petitioners, who apprehend arrest for the alleged offence under Sections 296(b), 115(2) and 351(2) r/w 4 of Tamil Nadu Prevention of Women Harasssment Act, in Crime No.117 of 2026, on the file of the respondent police seek anticipatory bail.

¶2The allegation against the petitioners is that due to wordy quarrel, the petitioners are alleged to have abused the de facto complainant with filthy language and also attacked him. Hence, the case.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and that they have been falsely implicated in this case. He further submitted that the dispute arose between the neighbours and that the petitioners do not have any previous cases against them. Hence, he prays to grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that there is no previous case registered against these petitioners. He would further submit that the injured got discharged on the same day of the occurrence. However, he opposed to grant anticipatory bail to the petitioner. Page3 of 5

¶5I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

¶6Considering the above facts and circumstances and upon the fact that the injured got discharged on the same day and that there is no criminal antecedent against the petitioners, this Court is of the firm view that custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Learned Judicial Magistrate, Thittakudi Combined Court, on condition that each of the petitioner shall execute a separate 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 petitioners failed 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 Page4 of 5

C.KUMARAPPAN, J. KMI learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioners shall report before the respondent police daily at 10.30 am 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 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.

8.This Criminal Original Petition is ordered accordingly. 07-08-2026 KMI To

1.The Judicial Magistrate, Thittakudi Combined Court.

2.The Inspector of Police, Thittakudi Police Station Cuddalore-606 106.

3.The Public Prosecutor, Madras High Court. Page5 of 5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Sekar 2. Veeramuthu 3. Sadhasivam ..Petitioner(s) Vs State Represented by Inspector of Police Thittakudi Police Station, Cuddalore 606 106. ..Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, praying to enlarge the petitioners on bail in the event of arrest at the hand of the respondent police in connection with the Crime No. 117 of 2026 on the file of the Thittakudi Police Station, Cuddalore District and pass such further or other orders as this Hon'ble Court deem fit and proper in the circumstances of the case and thus render Justice. For Petitioner(s): Mr.Thiruvathini T For Respondent(s): Mr.N.Palanivel, Govt.Advocate (Crl.Side) ****** Page2 of 5