R Naresh v. State Rep. by the Inspector of Police

ORDER This Criminal Original Petition has been filed by the petitioner on

19.05.2024 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023 praying to grant an order of pre-arrest bail.

¶2The petitioner / Accused, apprehends arrest at the hands of the Page2 of 6 respondent police for the alleged offences punishable under Sections 126(2), 296(b) 118(1) 351(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 in Crime No. 54 of 2026, on the file of the respondent police.

¶3The case of the prosecution is that on 12.04.2026 at about 08.15 p.m. at 6th street, Kamarajar Colony, Kodambakkam, the petitioner and another one had abused and attacked the defacto complainant with a stone and used filthy languages and threatened him. Hence, the case.

¶4Mr.S.Karthick, learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner is ready to abide any conditions to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

¶5Mr.C.R.Malarvannan, learned Additional Public Prosecutor appearing for the respondent Police submits that the petitioner along with another attacked and threatened the defacto complainant with dire consequences. The defacto complainant sustained simple injury, for which he had taken treatment and he was discharged. The co accused already got bail on 27.04.2026 before the XVII Metropolitan Magistrate Court, Saidapet, Chennai. There are 11 previous cases as against the petitioner. He further submits that the investigation of the case is Page3 of 6 still pending and therefore, at this stage, if the pre-arrest bail is granted to the petitioner, he will commit similar type of offence. Hence he prays to dismiss this Criminal Original Petition.

¶6Heard both sides. This Court has perused the records.

¶7Considering the fact that the petitioner caused simple injuries to the defacto complainant and the defacto complainant was discharged from the hospital after taking treatment as in-patient and he is a permanent resident, hence, there is less possibility of absconding and this Court is of the view that the custodial interrogation of the petitioner is not required to the Investigating Agency. Considering the same and also considering the facts and circumstances of the case, the nature of the offence, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions:

(i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Metropolitan Magistrate No. XVII, Saidapet, Chennai, within a period of 15 days from today, on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Metropolitan Magistrate No. XVII, Saidapet, Chennai; Page4 of 6

(ii) The sureties shall affix his photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Metropolitan Magistrate No. XVII, Saidapet, Chennai, shall obtain a copy of any one of identity proofs to ensure their identity;

(iii) The petitioner shall appear and sign before the respondent police, daily at 10.00 a.m, until further orders;

(iv) The petitioner shall make himself available for interrogation by police as and when required;

(v) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

(vi) The petitioner shall not enter into the defacto complainant's house and workplace; and

(vii) On breach of any of the aforementioned conditions, the learned Metropolitan Magistrate No. XVII, Saidapet, Chennai, or Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 283]. Page5 of 6

¶9Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

22.05.2026 Index : Yes/No Internet : Yes/No jrs/mtl Note:-

1.Registry is directed to forthwith upload this order in the official website of this Court.

2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. To

¶1The Metropolitan Magistrate No. XVII, Saidapet, Chennai.

¶2The Inspector of Police R-2 Kodambakkam Police Station Chennai (Crime No. 54/2026)

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o13509oofo2026 R.SAKTHIVELoJ. JRS CRLoOPoNo.o13509oofo2026 22-05-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-05-2026 CORAM THE HON'BLE MR.JUSTICE R.SAKTHIVEL R Naresh S/o. Ramesh, No.22/39, Kamaraj Colony, 3rd Street, Kodambakkam, Chennai. ..Petitioner/Accused Vs State rep. by The Inspector of Police R-2 Kodambakkam Police Station Chennai (Crime No. 54/2026) ..Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on pre-arrest bail in Crime No.54 of 2026 on the file of the respondent police. For Petitioner: Mr.S.Karthick For Respondent(s): Mr.C.R.Malarvannan, Additional Public Prosecutor.