- Court
- High Court of Madras
- Decided
- 30 June 2026
- Bench
- C.Kumarappan
- Case no.
- CRL OP 16485/2026
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Judgment
O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 329(3), 296(b), 118(1), 351(3) of BNS [Corresponding Sections 447, 294(b), 324 and 506 of IPC] in Crime No.76 of 2026, on the file of the respondent Police, seeks anticipatory bail.
¶2The case of the prosecution is that A1 and the de facto complainant's wife were in relationship and in this connection, there was a wordy quarrel on
30.04.2026 which was escalated into an assault. Hence, the case.
¶3The learned counsel for the petitioner submitted that the petitioner is innocent and has not committed any offence as alleged by the prosecution and that he has been falsely implicated in this case. He further submitted that co-accused has already been enlarged on anticipatory bail by this Court in Crl.O.P.No.15536 of 2026 dated 19.06.2026. Hence, he prayed for grant of anticipatory bail to the petitioner.
¶4The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the anticipatory bail application and submitted that the petitioner is arrayed as A4 in this case. She further submitted that the petitioner along with other accused have assaulted the de facto complainant using cricket bat and wooden logs. She also submitted that the injured has been discharged from the hospital.
¶5Taking into consideration of the totality of the circumstances and the fact that the co-accused has already been enlarged on anticipatory bail and that the injured has been discharged from the hospital, this Court is of the firm view that, at this length of time, further custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
¶6Accordingly, the petitioner is ordered to be released on anticipatory 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 No.II, Chengalpattu, 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 three 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.
30.06.2026 cda To
1.The Judicial Magistrate No.II, Chengalpattu.
2.The Inspector of Police, T7 Otteri Police Station, Chengalpattu District.
3.The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN, J. cda
30.06.2026
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.06.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN B.Lingavel Murugan ... Petitioner Vs. The State Represented by, The Inspector of Police, T7 Otteri Police Station, Chengalpattu District. (Crime No.76 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No.76 of 2026 on the file of respondent Police. For Petitioner : Mr.T.I.Ramanathan For Respondent : Mrs.R.S.Indira, Government Advocate (Crl.Side)
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