E.Kanchana v. The State Rep By, the Inspector of Police

ORDER The petitioner apprehends arrest for the alleged offences under Sections 296 (b), 115 (2), 118 (1) and 351 (3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.309 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner and the defacto-complainant are relatives. Due to a monetary dispute, a wordy quarrel arose between them, during which the petitioner abused the defacto-complainant in Page2 of 4 filthy language and attacked her. Consequently, the defacto-complainant sustained injuries and was admitted to a hospital. Hence, the case.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further stated that the injured person has already been discharged from the hospital. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the injured person has been discharged from the hospital. He further submitted that no previous cases have been registered against the petitioner. However, he opposed the grant of anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case, the fact that the injured person has been discharged from the hospital, and that the petitioner has no criminal antecedents, this Court is of the firm view that the custodial interrogation of the petitioner is not necessary at this juncture. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. Page3 of 4

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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Thiruvottiyur, Thiruvallur District, 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 shall report before the respondent Police daily at 10.30 a.m. for a period of two weeks; 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]; Page4 of 4

C.KUMARAPPAN, J.

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 16-07-2026 ep To:-

1.The Judicial Magistrate, Thiruvottiyur, Thiruvallur District.

2.The Inspector of Police Thiruvottiyur Police Station, Chennai.

3.The Public Prosecutor High Court of Madras.

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN E.Kanchana ..Petitioner(s) Vs The State Rep By, The Inspector of Police H8 Thiruvottiyur Police Station, Chennai. Crime No.309 of 2026 ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of BNSS, pleased to enlarge the petitioner / accused on anticipatory bail in the event of her arrest pending investigation in Crime No.309 of 2026 on the file of the respondent police. For Petitioner(s): Mr.K.Madhan For Respondent(s): M/s.R.S.Indira Government Advocate (Criminal side)