Citation : 2026 Latest Caselaw 2386 Mad
Judgement Date : 7 May, 2026
CRL OP No. 11325 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. 11325 of 2026
Karunagaran
..Petitioner
Vs
State rep. By
The Inspector of Police,
Pennadam Police Station,
Cuddalore District.
(Crime No.17 of 2026). ..Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in
the event on their arrest by the Respondent Police in Crime No.17 of 2026 on
the file of the Respondent police.
For Petitioner: Mr.J.Pradeep
For Respondent: Mr.A.Gopinath,
Government Advocate (Crl.Side)
ORDER
Apprehending arrest in connection with Crime No.17 of 2026 registered
for the offences punishable under Section 126(2), 296(B), 115(2), 109 of BNS
Act, the present petition has been filed seeking anticipatory bail.
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2. The case of the prosecution is that due to money dispute between the
petitioner and the defacto complainant, the petitioner attacked the defacto
complainant with knife causing injuries on his ribs. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the
petitioner is an innocent person and he has been falsely implicated in this case.
The learned counsel would further contend that the petitioner will not abscond
and is ready to abide by any condition imposed by this Court. Hence, he prayed
for granting anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent
police submitted that due to money dispute between the petitioner and the
defacto complainant, the petitioner attacked the defacto complainant with knife
causing injuries on his ribs. He further submitted that injured has been
discharged from the hospital. However, 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 defence and contentions, is ready and
willing to deposit an amount of Rs.5,000/- as a non-refundable deposit towards
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philanthropic activities. Hence, he prayed for the grant of anticipatory bail to the
petitioner.
6. Heard the learned counsel appearing for the petitioner and the learned
Government Advocate (Crl.Side) for the respondent Police and perused the
materials available on record.
7. Taking into consideration the facts of the case and also on considering
the voluntary submission made by the learned counsel for the petitioner, this
Court is inclined to grant anticipatory bail to the petitioner subject to the certain
conditions:
8. Accordingly, the petitioner is directed to make a non-refundable
deposit of Rs.5,000/- (Rupees Five Thousand only) (Non refundable)
towards the account of “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”,
without prejudice to his rights and contentions before the trial Court. It is made
clear that merely because the petitioner deposits the said amount, it would not
amount to admission of his guilt. Therefore, it is open to the trial Court to deal
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with the case independently. On such deposit and production of proof, 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 is made ready, before the learned Judicial Magistrate, Tittakudi, on
condition that the petitioner executes 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 conditions that:
[a] the petitioner and the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his 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 two weeks and thereafter, as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond 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 is released on bail by the learned
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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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
07-05-2026
NSL/SHL
To
1. The learned Judicial Magistrate, Tittakudi.
2. The Inspector of Police, Pennadam Police Station, Cuddalore District.
3. The Public Prosecutor, High Court of Madras.
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L.VICTORIA GOWRI, J.
NSL/SHL
07-05-2026
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