Citation : 2026 Latest Caselaw 2334 Mad
Judgement Date : 6 May, 2026
CRL OP No. 11084 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 11084 of 2026
S.Santhosh Kumar
Son of Subramani,
No.5, Bharathiyar Street,
Padhuvanchery,
Madambakkam,
Chengalpattu District - 600126
..Petitioner(s)
Vs
State rep by, The Inspector of Police,
Selaiyur Police Station
Tambaram District.
Crime No. 55 of 2026
..Respondent(s)
PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS
Act, 2023 to grant an Anticipatory Bail to the petitioner in the event of his arrest
in Crime No 55 of 2026 pending investigation on the file of the Respondent
Police herejn and thus render justice.
For Petitioner(s): Mr..R.Dinesh Kumar
For Respondent(s): Mr.A.Gopinath,
Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent
police for the offences punishable under Sections 126(2), 296(b), 115(2),
118(1), 351(3) of BNS Act, 2023, in Crime No.55 of 2026, on the file of the
respondent police, seeks anticipatory bail.
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2.The case of the prosecution is that on 10.02.2026, while the defacto
complainant and his friends were standing near a shop, the petitioner along with
his friends came in a two wheeler, picked up quarrel with them, uttered abusive
words, attacked them with a pipe and caused injuries, resulting in the
registration of a case.
3. The learned counsel appearing for the petitioner submitted that the
petitioner is an innocent person and has been falsely implicated in this case. It is
submitted that the petitioner is ready to cooperate with the investigation and he
will appear before the respondent police as and when required and he is ready to
abide by any condition imposed by this Court. Hence, he prayed for granting
anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the
respondent submitted that there are totally three accused in this case and the
petitioner is ranked as A1. He further submitted that the petitioner along with
other accused attacked the victim with a pipe and caused injuries and the victim
was admitted in the hospital.
5. Accordingly, the petitioner is ordered to be released on bail in the event
of arrest or on his appearance, on condition that the petitioner shall execute a
bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties
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each for a like sum to the satisfaction of the learned Judicial Magistrate
Court No.II, Tambaram, within a period of fifteen days from the date on
which the order made ready and on further conditions that:
[a]the petitioner shall deposit a sum of Rs.2,500/-(Rupees Two Thousand and Five Hundred only), to the credit of Tamil Nadu Advocate Clerks Association, Account No.484026006, Indian Bank, High Court, IFSC.No: IDIB000M157 and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond to ensure their identity;
b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.
[c]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required.
[d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[e]the petitioner shall not abscond either during investigation or trial.
[f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
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[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
06-05-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
GV
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 the official website of this Court will be watermarked and will also have a QR code.
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To:
1. The Judicial Magistrate No.II, Tambaram.
2. The Inspector of Police, Selaiyur Police Station Tambaram District.
4. The Public Prosecutor, High Court of Madras.
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L.VICTORIA GOWRI, J.
GV
06-05-2026
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