Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2026
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR V.P.Senthilkumar ... Petitioner/A2 Vs. The State Rep. By, The Inspector of Police, Hesthampatty Police Station, Salem District. Crime No.16 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 Crime No.16 of 2026 on the file of the respondent police. For Petitioner : Mr.J.Pradeep For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 351(2) of BNS read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 in Crime No.16 of 2026, on the file of the respondent Police, seeks anticipatory bail.
2. The allegation against the petitioner is that the petitioner herein is
working in a Government Center for the students who are pursuing various course, in which defacto complainant is a temporary staff and the petitioner has continuously threatened her with dire consequence. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner herein has also lodged a counter complaint and it is a dispute regarding running the office premises and there is no serious injuries caused to any person.
4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and confirmed the fact that counter complaint has been registered against the defacto complainant and the investigation is pending.
5. Considering the nature of allegation and the fact that there is a
counter complaint registered against the defacto complainant, no previous case reported against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner is ordered to be released on bail in the
event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, 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 condition that:
[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten 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 the identity 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 12.02.2026 sma To
1. Judicial Magistrate No.III, Salem. 2.The Inspector of Police, Hesthampatty Police Station, Salem District. 3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
sma 12.02.2026