R.Santhoshkumar @ Santhosh v. The State Represented by 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), 329(4), 296(b), 324(4), 232(1) and 351(3) of BNS, 2023 [Corresponding Sections 147, 148, 448, 294(b), 440, 195(A) and 507 of IPC] and Section 4 of the Tamil Nadu Prohibition of Harassment of Women (Amendment) Act, 2002, in Crime No.85 of 2026, on the file of the respondent Police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner, along with the other accused, damaged the petty shop situated near the de facto complainant's house and also damaged the CCTV camera installed therein. Hence, the case.

¶3The learned counsel for the petitioner submitted that the de facto complainant's husband was murdered in the year 2006, in connection with which a Sessions Case was pending. He further submitted that when the de facto complainant went to depose before the Court as a witness, the alleged occurrence took place. He also submitted that there is a significant delay in registering the case. Hence, he prayed for the grant of anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police opposed the anticipatory bail application and submitted that the petitioner has two previous cases.

¶5Taking into consideration of the totality of the circumstances, including the fact that the occurrence took place on 20.11.2025 and that there is a delay in the registration of the complaint, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not required for the purpose of investigation. 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 anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Additional Mahila Court, Salem, 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 report before the respondent police daily 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 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.

09.07.2026 cda To

1.The Additional Mahila Court, Salem.

2.The Inspector of Police, Kitchipalayam Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J. cda

09.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN R.Santhoshkumar @ Santhosh ... Petitioner Vs. The State Represented by, The Inspector of Police, Kitchipalayam Police Station, Salem District. (Crime No.85 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No.85 of 2026 on the file of respondent Police. For Petitioner : Mr.R.Surya Prakash For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side)