CRL OP/8718/2026 of Kanagalakshmi Vs State Rep.by, The Inspector of Police,

CRL OP No. 8718 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-04-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 8718 of 2026 Kanagalakshmi ..Petitioner Vs State Rep.by, The Inspector of Police, W-28, All Women Police Station, Ambattur, Chennai. ..Respondent Prayer: Criminal Original Petition filed under section 482 of BNSS to enl arge the petitioner on bail in the event of her arrest in connection wit h the complaint in Crime No. 05 of 2026 on the file of the respondent police pending investigation. For Petitioner: M/s.Kanchan Kar For Respondent: Mr.P.Dhileepan Government Advocate (Crl.Side) ORDER The petitioner apprehends arrest for the alleged offence under Section 75 of the Juvenile Justice Act read with Section 92 of the Rights of Per sons with Disabilities Act, 2016 and Section 115(2) of the Bharatiya Nyaya Sanhita (BNS) 2023 in Crime No.05 of 2026 on the file of the respondent police se eks https://www.mhc.tn.gov.in/judis CRL OP No. 8718 of 2026 __________ Page2 of 6 anticipatory bail. 2. The case of the prosecution is that the petitioner has committed an assaulted against the minor boy, a child with special needs and Autism . Hence, this case. 3. The learned counsel for the petitioner submitted that the petiti oner is a specially trained teacher for teaching Autism children. The occ urrence took place on 14.02.2026 and the FIR was registered on 17.02.2026. He further submitted that she has not at all assaulted the victim boy. The vic tim has joined in the school two weeks back from the date of occurrence, where thi s petitioner is working as a teacher. He further submitted that whenever Aut ism children comes to a new environment, they will behave differently and this petitioner only tried to rescue the child from being injured. In this connec tion, there is also a CCTV video footage. He also submitted that the earlier application was dismissed on 04.03.2026 referring that the investigation is at preliminary stage. Therefore, he prayed to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that investigation is still pending. Hence, he opposed to grant anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis CRL OP No. 8718 of 2026 __________ Page3 of 6 5. I have given anxious consideration to the submissions made by the learned counsel on either side. 6. Considering the facts and circumstances of the case and taking int o consideration of the registration of FIR dated 17.02.2026 and upon the fact that the petitioner being a teacher in the school where the victim student is studying, this Court is of the view that custodial interrogation of the petitione r is not required in these type of offences. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail subject to 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) da ys from the date on which the order copy is made ready, before the learned Judicial Metropolitan Magistrate, Ambattur 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; https://www.mhc.tn.gov.in/judis CRL OP No. 8718 of 2026 __________ Page4 of 6 (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. and 05.30 p.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. 07-04-2026 SHL https://www.mhc.tn.gov.in/judis CRL OP No. 8718 of 2026 __________ Page5 of 6 To: 1. The Judicial Metropolitan Magistrate, Ambattur 2. The Inspector of Police, W-28, All Women Police Station, Ambattur, Chennai. 3. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 8718 of 2026 __________ Page6 of 6 C.KUMARAPPAN J. SHL CRL OP No. 8718 of 2026 07-04-2026 https://www.mhc.tn.gov.in/judis