- Court
- High Court of Madras
- Decided
- 24 July 2026
- Bench
- C.Kumarappan
- Case no.
- CRL OP 19812/2026
Follow Madras High CourtFollow C.Kumarappan
Judgment
ORDER The petitioners apprehend arrest for the alleged offences under Section 118(1) of BNS, 2023 and Section 2 of Tamil Nadu Human Prohibition Act, 2002, in Crime No.Not Known of 2026 on the file of the respondent police seeks anticipatory bail.
¶2The case of the prosecution is that on 17.06.2026, owing to a property dispute between the petitioner and the de facto complainant, who are brothers, the petitioners abused the de facto complainant, assaulted him, and criminally intimidated him. Hence, the case.
¶3The learned counsel for the petitioners submitted that the petitioners are innocent and has not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submitted that the petitioners are ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners.
¶4The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the anticipatory bail application and submitted that the injured has been discharged from the hospital on 17.06.2026. He further submitted that the petitioner has no previous cases.
¶5Taking into consideration the totality of the circumstances, the fact that the occurrence took place on 17.06.2026, the petitioners have no criminal antecedents, and the injured person has been discharged from the hospital, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioners is not required for the purpose of investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
¶6Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Poonamallee Magistrate Court, on condition that the petitioners shall execute a separate 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 petitioners fails to surrender before the concerned 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 petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
24.07.2026 cda To
1.The Poonamallee Magistrate Court.
2.The Inspector of Police, T16 Police Station, Narathpettai, Chennai - 600 123.
3.The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN, J. cda
24.07.2026
Case details
Parties and counsel
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.Jeeva 2.Surya ... Petitioners Vs. The State Rep. by The Inspector of Police, T16 Police Station, Narathpettai, Chennai - 600 123. (Crime No.Not Known of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.Not Known of 2026 pending investigation on the file of the respondent police. For Petitioners : Mr.D.Guna Sekar For Respondent : Mr.N.Palanivel, Government 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.