Crl.O.P.No.13910 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.06.2026 CORAM THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Crl.O.P.No.13910 of 2026 S.Aadhithan ... Petitioner Vs. The State represented by The Inspector of Police, R-8, Vadapalani Police Station, Chennai - 600 028. (Crime No.166 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner’s anticipatory bail in the event of his arrest in Crime No.166 of 2026 pending investigation on the file of the respondent police. For Petitioner : Mr.A.John For Respondent : Mrs.R.S.Indira, Government Advocate (Crl.Side) O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 85 and 86 of BNS, 2023, in Crime No.166 of 2026 on the file of the respondent police, seeks anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13910 of 2026 2. The case of the prosecution is that there was a matrimonial dispute between the petitioner and the de facto complainant, due to which the petitioner attacked the de facto complainant, resulting in the miscarriage of the foetus. Hence, the case. 3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and has not caused any miscarriage of the foetus and has been falsely implicated in this case and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the anticipatory bail application and would contend that the foetus was 9 weeks old and that the miscarriage occurred on 13.04.2026. He would further submit that it was the second pregnancy conceived through IVF. 5. Taking into consideration the totality of the circumstances and considering the fact that the issue arises out of a matrimonial dispute between 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13910 of 2026 the husband and wife, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not required and is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions. 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 XVII Metropolitan Magistrate Court, Saidapet, Chennai, 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; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13910 of 2026 (c) The petitioner shall report before the respondent police twice a day at 10.30 a.m. and 05.30 p.m. for a period of 30 days, 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. 05.06.2026 cda 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13910 of 2026 To 1.The XVII Metropolitan Magistrate Court, Saidapet, Chennai. 2.The Inspector of Police, R-8, Vadapalani Police Station, Chennai - 600 028. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.13910 of 2026 C.KUMARAPPAN, J. cda Crl.O.P.No.13910 of 2026 05.06.2026 6/6 https://www.mhc.tn.gov.in/judis