Citation : 2026 Latest Caselaw 2376 Mad
Judgement Date : 7 May, 2026
CRL OP No. 11757 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-05-2026
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
CRL OP No. 11757 of 2026
1.Suresh
2.Prabhu ..Petitioners
Vs
State by,
The Inspector of Police,
Veppamkuppam Police Station,
Vellore District.
(Crime No. 111 of 2026) ..Respondent(s)
PRAYER: Criminal Original Petition filed under Section 482 of BNSS Act,
2023, seeking to enlarge the petitioners on bail in the event of their arrest in
crime No.111 of 2026 on the file of the respondent police.
For Petitioner(s): Mr.Thirumoorthy D
For Respondent(s): Mr.A.Gopinath
Govt. Advocate (Crl. Side)
ORDER
The petitioners apprehend arrest for the alleged offence under Sections
296(b), 115(2), 118(10 and 351(3) of BNS Act, 2023 [294(b), 323, 324 and
506(2) of IPC], in Crime No.111 of 2026 on the file of the respondent police
seek anticipatory bail.
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2.The case of the prosecution is that during the State Assembly Election,
a quarrel arose when the 1st petitioner questioned the defacto complainant for
taking a mobile phone inside the election booth, during which the petitioners
allegedly abused and threatened him. Hence the complaint.
3. The learned counsel for the petitioners submitted that the petitioners
are innocent and they have not committed any offence as alleged by the
prosecution and they have been falsely implicated in this case. He further
submitted that they are ready to abide by any stringent condition that may be
imposed by this Court and they are ready to co-operate with the investigation.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent police reiterated the prosecution case and objected for the grant of
anticipatory bail.
5. Considering the facts and circumstances of the case, this petition may
be considered positively with a stringent condition. Hence, this Court is inclined
to enlarge the petitioners on anticipatory bail, subject to certain conditions.
6. Accordingly, 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)
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days from the date on which the order copy made ready, before the learned
Judicial Magistrate-III, Vellore, on condition that the petitioners shall
execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each
with two sureties each 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 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 petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) (Non refundable) each to the CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code 1497, MICR No.600011049 and to produce the Bank Challan before the Judicial Magistrate-III, Vellore, and the receipt shall be produced at the time of executing the bond;
(c) 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;
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L.VICTORIA GOWRI, J.
nvi
(d) The petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;
(e) 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];
(f) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
07-05-2026
nvi
To.
1.The Judicial Magistrate-III, Vellore
2.The Inspector of Police, Veppamkuppam Police Station, Vellore District.
3.The Public Prosecutor, High Court of Madras, Chennai 600 104
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