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G.Nithya Vs The State Rep By

G.Nithya vs The State Rep By

Type Court Judgment Court Chennai Decided Feb 04, 2026
~4 min read
https://sooperkanoon.com/case/1420816

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Citation
Court
Chennai High Court
Judge
Decided On
Case Number
CRL OP/2497/2026

Parties & Advocates

Appellant / Petitioner

G.Nithya

Respondent

The State Rep By

Excerpt

.....under sections 296(b), 115(2), 351(2) and 85 of ipc,1860 in crime no.11 of 2026, on the file of the respondent police, seeks anticipatory bail.2. the case of the prosecution is that the petitioner/a2 is the sister of a1.a1 is the husband of the defacto complainant and there was some family dispute between them. it is alleged that the petitioner herein assaulted the defacto complainant and subjected to cruelty. hence, the case.3. the learned counsel appearing for the petitioner submitted that thepetitioner is innocent and she has not committed any such offence as alleged by the prosecution and she has been falsely implicated in this case. he further page2 of 6 submitted that due to previous enmity a false complaint has been lodged against the petitioner. hence, he prayed to grant anticipatory bail to the petitioner.4. the learned government advocate (criminal side) appearing for therespondent police reiterated the prosecution case and submitted that due to family dispute the petitioner herein assaulted the defacto complainant and subjected to cruelty. he further submitted that there is no previous case as against the petitioner. however, he opposed to grant anticipatory bail to the petitioner.5. heard both sides and perused the materials available on record.6. considering the facts and circumstances of the case and thesubmissions made by both counsel and the petitioner being a lady and there is no previous case as against the petitioner, i am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.7. accordingly, the petitioner is ordered to be released on bail in the eventof arrest or on his appearance within a period of fifteen (15) days from the date page3 of 6 on which the order copy made, before the learned judicial magistrate-i at walajapet, ranipet district 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.....

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR G.Nithya D/o.Govindharaji, No.12, Vadamalai Nayakar Street, Cherry Village and Post, Ranipet District-632508. ..Petitioner(s) Vs The State Rep By Inspector of Police, Kaveripakkam Police Station, Ranipet District. Crime No.11 of 2026 ..Respondent(s) Prayer: This petition is filed under section 482 of BNSS to release the Petitioner on bail in the event of arrest in Crime No.11 of 2026 on the file of the Respondent Police and pass such other orders as this Honble Court. Page1 of 6 For Petitioner(s): L Ram Kumar For Respondent(s): Ms.J.R. Archana, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 351(2) and 85 of IPC,1860 in Crime No.11 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner/A2 is the sister of A1.

A1 is the husband of the defacto complainant and there was some family dispute between them. It is alleged that the petitioner herein assaulted the defacto complainant and subjected to cruelty. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the

petitioner is innocent and she has not committed any such offence as alleged by the prosecution and she has been falsely implicated in this case. He further Page2 of 6 submitted that due to previous enmity a false complaint has been lodged against the petitioner. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) appearing for the

respondent police reiterated the prosecution case and submitted that due to family dispute the petitioner herein assaulted the defacto complainant and subjected to cruelty. He further submitted that there is no previous case as against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case and the

submissions made by both counsel and the petitioner being a lady and there is no previous case as against the petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. 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 Page3 of 6 on which the order copy made, before the learned Judicial Magistrate-I at Walajapet, Ranipet District 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 learned Magistrate concerned, and on further condition that:

(a) If the petitioner fails to surrender before the concerned 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 everyday at 10.30 a.m., for a period of three 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 Page4 of 6 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 04-02-2026 Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No SMN To

1. The Judicial Magistrate-I at Walajapet, Ranipet District

2. The Inspector of Police, Kaveripakkam Police Station, Ranipet District.

2. The Public Prosecutor, High Court, Madras Page5 of 6

K.RAJASEKAR, J.

smn 04-02-2026 Page6 of 6

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