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

GRANTED
Court
High Court of Madras
Decided
6 August 2026
Bench
C.Kumarappanauthor
Case no.
CRL OP 21641/2026

Judgment

ORDER The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(1), 351(3) of BNS in Crime No.223 of 2026 on the file of the respondent police seeks anticipatory bail. Page2 of 5

¶2The allegation against the petitioner is that he attempted to murder the de facto complainant over an intimacy with the petitioner's wife, thereby causing injuries to him. 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 (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured was discharged from the hospital on 16.07.2026 after three days of treatment. She further submitted that the petitioner has no criminal antecedents. Hence, she opposed the grant of anticipatory bail to the petitioner.

¶5Considering the submissions made by the learned Government Advocate (Criminal Side) and the totality of the circumstances and the facts that the injured person has been discharged from the hospital and the petitioner has no criminal antecedents, this Court is of the view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, 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 Judicial Magistrate Court No.II, Udumalpet, 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 have been imposed and the petitioner released on anticipatory Page4 of 5 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 Judicial Magistrate Court No.II, Udumalpet.

2.The Inspector of Police Gudimangalam Police Station, Tiruppur District.

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o21641oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o21641oofo2026 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 Sethupathi S/o. Baulmani, 92, Kangayampalayam, Pottikampalayam, Munduvelampatti, Dharapuram Taluk, Tiruppur District. ..Petitioner(s) Vs The State Rep. by, The Inspector of Police Gudimangalam Police Station, Tiruppur District. Crime No.223 of 2026. ..Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail for the petitioner in Cr.No.223 of 2026 on the file of the Respondent and thus render justice. For Petitioner(s): MR. Rajkumar For Respondent(s): MS.R.S.INDIRA, 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.