Citation : 2026 Latest Caselaw 2383 Mad
Judgement Date : 7 May, 2026
Crl.O.P.No.11890 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.05.2026
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
Crl.O.P.No.11890 of 2026
Harish ... Petitioner
Vs.
The State represented by,
The Inspector of Police,
Natrampalli Police Station,
Tirupattur District.
(Crime No.195 of 2026) ... Respondent
PRAYER: Criminal Original Petition is filed under Section 482 of
Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in
the event of his arrest in Crime No.195 of 2026 pending investigation on
the file of the respondent police.
For Petitioner : Mr.R.Parthiban
For Respondent : Mr.A.Gopinath
Government Advocate (Criminal Side)
ORDER
The petitioner, who apprehends arrest at the hands of the
respondent police for the offences punishable under Sections 296(b),
115(2), 118(1), and 351(3) of BNS in Crime No.195 of 2026 on the file of
the respondent police, seeks anticipatory bail.
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2. The case of the prosecution is that during the quarrel that arose
between the accused and the de facto complainant, the accused abused the
de facto complainant in filthy language, inflicted injuries by assaulting
him with wooden log and also threatened him with dire consequences.
Hence the case.
3. Learned counsel appearing for the petitioner submitted that the
petitioner is innocent and a false complaint has been given against him.
He also submitted that the petitioner is ready to abide by any stringent
conditions that may be imposed by this Court. Hence, he prayed for the
grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for
the respondent police reiterated the prosecution case and opposed for the
grant of anticipatory bail to the petitioner. He further submitted that the
injured was discharged from hospital.
5. Heard both sides and perused the materials available on record.
6. Considering the above facts and circumstances of the case and
the nature of the allegation and further taking note of the fact that the
https://www.mhc.tn.gov.in/judis
injured was discharged from the hospital and the custody of the petitioner
is not required for further investigation, this Court is inclined to grant
anticipatory bail to the petitioner with certain conditions.
7. Accordingly, 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 No.II, Tirupattur, on condition that the petitioner
shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand
only) with two sureties, each for a like sum, to the satisfaction of the
respondent police or the police officer who intends to arrest or to the
satisfaction of the learned Magistrate concerned, failing which, the
petition for anticipatory bail shall stand dismissed and on further
condition that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of one month and thereafter, as and when required further interrogation;
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[c] the petitioner shall not abscond during during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[e] 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 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
07.05.2026 ham
Note:
1. Registry is directed to forthwith upload this order on the Official Website of this Court.
2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on 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, Tirupattur.
2. The Inspector of Police, Natrampalli Police Station, Tirupattur District
3. The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
ham
07.05.2026
https://www.mhc.tn.gov.in/judis
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