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Prathap v. The State Rep By, the Inspector of Police

GRANTED
Court
High Court of Madras
Decided
15 April 2026
Bench
C.Kumarappanauthor
Case no.
CRL OP 9186/2026

Judgment

ORDER The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2), 351(2) of BNS and Section 4 of Women Harassment Act, in Crime No.56 of 2026 on the file of the respondent police seeks anticipatory bail. Page2 of 5

¶2The case of the prosecution is that, due to money dispute between the petitioner and the defacto complainant, a wordy quarrel arose, during which the petitioner is alleged to have pulled the defacto complainant's wife saree and hence the present complaint has been lodged.

¶3The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case and has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought anticipatory bail for the petitioner.

¶4The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

¶5I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

¶6From the submissions made by the learned Government Advocate (Crl.Side), it is seen that the dispute between the parties arises out of a money transaction. Considering the totality of the circumstances of the case and the Page3 of 5 fact that the injured has been discharged from the hospital and that the FIR came to be registered on 14.02.2026, at this length of time, the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

¶7Accordingly, 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 Judicial Magistrate, Cheyyar, 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;

(c) The petitioner shall report before the respondent police daily at 10.30 a.m, for a period of two weeks and thereafter as Page4 of 5 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. 15-04-2026 DRL To

1.The Judicial Magistrate, Cheyyar.

2.The Public Prosecutor, High Court, Madras.

3.The Inspector of Police, Cheyyar Police Station, Cheyyar, Tiruvannamalai District. CRLoOPoNo.o9186oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o9186oofo2026 15-04-2026 Page5oofo5

Case details

Parties and counsel

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-04-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Prathap Road Street, Mukkur Village, Cheyyar Taluk, Tiruvannamalai District ..Petitioner(s) Vs The State Rep By, The Inspector of Police Cheyyar Police Station, Cheyyar, Tiruvannamalai District. (Crime No.56/2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petition on bail in the event of his arrest in Crime No. 56/2026, pending on the file of the respondent and thus render justice. For Petitioner(s): Mr. B.Jawahar For Respondent(s): MR.P.DHILEEPAN, GOVT.ADVOCATE (CRL SIDE)

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.