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2026 DAILYLAW 52268 (MAD)

Prema v. The State Rep By, The Inspector of Police

/18134/2026 · 2026-07-13

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.18134 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.07.2026 CORAM THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Crl.O.P.No.18134 of 2026 Prema ... Petitioner Vs. The State of Tamil Nadu, represented by, The Inspector of Police, K10, Koyambedu Police Station, Chennai District. (Crime No.18 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory bail in the event of her arrest in Crime No.18 of 2026 pending investigation on the file of the respondent police. For Petitioner : Mr.M.Prem Kumar For Respondent : Mr.N.Palanivel Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18134 of 2026 O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.18 of 2026 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that on 13.01.2026 there was a wordy quarrel between the accused persons and the sons of the defacto complainant and the accused No.1, who is the husband of the petitioner herein, has attacked one of the sons of the defacto complainant, namely, Velmurugan by using beer bottle and he sustained injury. In the meantime, the defacto complainant’s elder son, who came in the occurrence place, was also attacked by the first accused. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and that she has not committed any offence as alleged by the prosecution. He further submitted that there is no specific overtact against the petitioner herein. Hence, he prayed to grant anticipatory bail to the petitioner. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18134 of 2026 4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, submitted that injured got discharged on the same day. However, he opposed the grant of anticipatory bail to the petitioner. 5. Taking into consideration the totality of the circumstances, and the fact that injured got discharged on the same day and that the occurrence took place on 13.01.2026, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court 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 her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned V Metropolitan Magistrate, Egmore, Chennai, 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: 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18134 of 2026 (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. 13.07.2026 ssb 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18134 of 2026 To 1.The V Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police, K10, Koyambedu Police Station, Chennai District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18134 of 2026 C.KUMARAPPAN, J. ssb Crl.O.P.No.18134 of 2026 13.07.2026 6/6 https://www.mhc.tn.gov.in/judis