- Court
- High Court of Madras
- Decided
- 6 August 2026
- Bench
- C.Kumarappan
- Case no.
- 21614/2026
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Judgment
ORDER The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(1) and 351(3) of BNS, 2023 in Crime No.180 of 2026 on the file of the respondent police seeks anticipatory bail. Page2 of 5
¶2The allegation against the petitioner is that due to previous enmity, a wordy quarrel escalated into an assault involving the petitioner and other accused. Hence, the complaint.
¶3The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured person was discharged from the hospital after one week of treatment and that the petitioner has no criminal antecedents. Hence, she opposed to grant anticipatory bail to the petitioner.
¶5From the submissions made by the learned Government Advocate (Crl.Side) and taking into consideration of the totality of the circumstances and upon the fact that the injured has been discharged from the hospital and that the petitioner has no criminal antecedents, this Court is of the firm view that 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. Page3 of 5
¶6Accordingly, 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 District Munsif cum Judicial Magistrate, Gumudipoondi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, 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 am for a period of two weeks and thereafter as and when required;
(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 Page4 of 5 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. 06-08-2026 DRL To
1.The District Munsif cum Judicial Magistrate, Gumudipoondi.
2.The Inspector of Police Kavarapettai Police Station, Thiruvallur District.
3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o21614oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o21614oofo2026 06-08-2026 Page5oofo5
Case details
Parties and counsel
Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Surya Moorthy S/o. Vadivelu, Ayyar Kandidai, Sirupuzhal Pet Post Thiruvallur, Tamil Nadu-601 201. ..Petitioner(s) Vs The State Rep. by, The Inspector of Police Kavarapettai Police Station, Thiruvallur District, Tamil Nadu. Crime No.180 of 2026. ..Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to grant Anticipatory Bail to the Petitioner/Accused No.1 in Cr.No.180 of 2026 on the file of the Respondent Police,in the event of his arrest,on such terms and conditions as this Honble Court may deem fit and proper and thus render justice. For Petitioner(s): MR. Bharath P For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)
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