Madras High Court
Ananth vs State Rep By Inspector Of Police on 21 May, 2026
Crl.O.P.No.13284 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2026
CORAM
THE HON'BLE MR. JUSTICE R.SAKTHIVEL
Crl.O.P.No.13284 of 2026
N.Ananth
S/o.Natarajan ... Petitioner/Accused
Vs.
The State represented by
The Inspector of Police,
Avadi All Women Police Station,
Avadi District, Chennai-600 054.
(Crime No.11 of 2026) …Respondent/Complainant
PRAYER:- Criminal Original Petition filed under Section 482 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-
arrest bail to the petitioner in Crime No.11 of 2026 on the file of the
respondent police.
For Petitioner : Mr.R.Prabhakaran
Advocate
For Respondent : Mr.A.Gopinath
Government Advocate (Criminal Side)
For Intervenor : Ms.K.A.Abinaya Janshi
Advocate
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Crl.O.P.No.13284 of 2026
ORDER :
The Court made the following order :-
This Criminal Original Petition has been filed by the petitioner on
19.05.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioner apprehends arrest at the hands of the respondent-
police for the offences punishable under Sections 294(b), 323, 498A and
506(ii) of IPC, 1860 and now as per the Bharatiya Nyaya Sanhita, 2023
Sections 85, 296(b), 115(2) and 351(2) of BNS, 2023 in Crime No.11 of
2026 on the file of the respondent-police.
3. The case of the prosecution is that the petitioner has been harassing
the de facto complainant and abusing her with obscene words. Further, the
petitioner has also intimidated her with dire consequences. Hence, the case.
4. Mr.R.Prabhakaran, the learned counsel for the petitioner, submits
that the de facto complainant was married to the petitioner on 31.08.2007
and out of the said wedlock, they have two children namely, a son aged 17
years and a daughter aged 13 years. After some time, the de facto
complainant developed suspicion that her husband was having an illegal
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Crl.O.P.No.13284 of 2026
relationship with another woman. Owing to which, she continuously lodged
complaints against the petitioner, which were subsequently closed by the
police as false. Therefore, the petitioner filed H.M.O.P.No.281 of 2026
before the Sub Court, Poonamallee, for dissolution of marriage which is
pending. Further, the de facto complainant is staying in her parent’s house
and the children are with the father/petitioner. The petitioner is an innocent
person and he has not committed any offence as alleged by the prosecution.
He further submits that the petitioner has been falsely implicated in this
case. He however submits that the petitioner is ready to abide by any
conditions that may be imposed by this Court. Accordingly, he prays to
grant an order of pre-arrest bail to the petitioner.
5. Per contra, Ms.K.A.Abinaya Janshi, learned counsel for the
intervenor, submits that if pre-arrest bail is granted to the petitioner, he will
harass the de facto complainant. He therefore prays to dismiss this Criminal
Original Petition.
6. Heard on both sides. This Court has perused the records.
7. Considering the cumulative circumstances and the fact that the
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Crl.O.P.No.13284 of 2026
petitioner and the de facto complainant are living separately for more than
seven months, this Court is of the opinion that custodial interrogation of the
petitioner is not necessary for the investigating agency in this case.
Considering the same, this Court is inclined to grant pre-arrest bail to the
petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to
the following conditions:
(i) The petitioner shall be released on pre-arrest bail in the event of his
arrest or in the event of his surrender before the learned Judicial Magistrate-
II, Poonamallee, within a period of 15 days from the date on which the order
copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees
Twenty Five Thousand only) along with two sureties each for a like sum of
Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the
learned Judicial Magistrate No.II, Poonamallee.
(ii) 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 Judicial Magistrate
shall obtain a copy of any one of identity proofs to ensure their identity.
(iii) The petitioner shall not enter into the residence of the de facto
complainant / wife and shall not cause any threat to the de facto complainant
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Crl.O.P.No.13284 of 2026
or to her family members.
(iv) The petitioner shall appear and sign before the respondent-police
daily 10.00 a.m. until further orders.
(v) The petitioner shall make himself available for interrogation by a
police officer as and when required.
(vi) The petitioner shall not, directly or indirectly, make any
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing such facts to the Court or to any
police officer.
(vii) The petitioner shall also not, directly or indirectly, cause any
threat to the defacto complainant and witnesses and shall not tamper the
evidence.
(viii) The petitioner shall not leave India without the previous
permission of the Court.
(ix) The petitioner shall furnish his residential address and mobile
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Crl.O.P.No.13284 of 2026
number to the concerned Magistrate.
(x) On breach of any of the aforementioned conditions, the learned
Judicial Magistrate or Trial Court, as the case may be, is entitled to pass
appropriate orders against the petitioner in accordance with law as if the
aforementioned conditions are imposed by him as laid down by the Hon’ble
Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to
the conditions stated supra.
(R S V J)
21.05.2026
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Note:-
1. Registry is directed to forthwith upload this
order in the official website of this Court.
2. All concerned to act on this order being
uploaded in official website of this Court
without insisting on certified hard copies. To
be noted, this order when uploaded in official
website of this Court will be watermarked
and will also have a QR code.
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Crl.O.P.No.13284 of 2026
To
1.The Judicial Magistrate No.II, Poonamallee.
2.DO THROUGH:
The Chief Judicial Magistrate, Thiruvallur.
3.The Inspector of Police,
Avadi All Women Police Station,
Avadi District, Chennai-600 054.
4.The Public Prosecutor,
Madras High Court.
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Crl.O.P.No.13284 of 2026
R.SAKTHIVEL. J.
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Crl.O.P.No.13284 of 2026
21.05.2026
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