Citation : 2026 Latest Caselaw 2363 Mad
Judgement Date : 6 May, 2026
CRL OP No. 11578 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. 11578 of 2026
Palani
S/o. Siva,
No.56/A, Mettu Street,
Perumbulipakkam,
Ranipet District,
Tamilnadu-632531.
..Petitioner(s)
Vs
State rep.by,
The Inspector of Police,
Avaloor Police station,
Ranipet District.
Cr.No.68 of 2026.
..Respondent(s)
PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023,
praying to enlarge the petitioner on bail in the event of his arrest in connection
with Cr.no.68 of 2026 on the file of the respondent police.
For Petitioner(s): Mr.V Manimaran
For Respondent(s): Mr.A.Gopinath,
Government Advocate (Crl. Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections
296 (b), 118(1), 126(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 in Crime
No. 68 of 2026 on the file of the respondent police seeks anticipatory bail.
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2. The allegation against the petitioner is that the petitioner and the
defacto complainant were known to each other and on 27.04.2026, due to a
sudden misunderstanding, a wordy quarrel arose between them, as a result of
which, both attacked each other, thereby he sustained grievous injury. Hence,
the complaint.
3. The learned counsel for the petitioner submitted that he has not
committed any offence as alleged by the defacto complainant and due to some
misunderstanding, a false case has been foisted against him. He would further
submit that he is ready and willing to abide any condition that may be imposed
by this court and he undertakes to cooperate with the investigation and the
co- accused/A2 was released on bail on 25.04.2026. Accordingly, he prayed to
grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent reiterated the prosecution case. He further submitted that the
petitioner attacked the defacto complainant and caused severe injuries to him.
Hence, he opposed to grant anticipatory bail to the petitioner.
5. At this juncture, the learned counsel for the petitioner submitted that
the petitioner, without prejudice to his defense and contention, is ready and __________ Page2 of 6 https://www.mhc.tn.gov.in/judis
willing to deposit an amount of Rs.5,000/- to any association. Hence, he prays
for grant of bail to the petitioner.
6. I have given anxious consideration to the submissions made by the
learned counsel on either side and also perused the records available.
7. Considering the fact that the injured discharged from the hospital and
co-accused/A2 was released on bail on 25.04.2026 and also taking note of the
fact that the petitioner has come forward to deposit an amount of Rs. 5,000/- to
the credit of "Tamil Nadu Advocate Clerk Association, Chennai”, this Court is
inclined to enlarge the petitioner on anticipatory bail, subject to certain
conditions.
8. Accordingly, the petitioner shall pay a sum of Rs.5,000/- (Rupees Five
Thousand only) as cost to the Tamil Nadu Advocate Clerk Association,
Chennai and on such payment, the petitioner is ordered to be released on bail in
the event of arrest or on his appearance, within a period of fifteen days from the
date on which the order copy made ready, before the learned Judicial
Magistrate I, Walaja 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:
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(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.
06-05-2026
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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
RPP/JRS
To
1. The Judicial Magistrate I, Walaja
2. The Inspector of Police, Avaloor Police Station, Ranipet District.
3.The Public Prosecutor, High Court, Madras.
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L.VICTORIA GOWRI J.
rpp/jrs
06-05-2026
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