Citation : 2026 Latest Caselaw 2396 Mad
Judgement Date : 7 May, 2026
CRL OP No. 11604 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. 11604 of 2026
1. Rajendran
2. Latchumanan
3. Prabhu
4. Tamilarasi
..Petitioner(s)
Vs
State rep. by The Inspector of Police,
Magudanchavadi Police Station,
Salem District. Crime No. 94/2026.
..Respondent(s)
Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act,
pleased to enlarge the Petitioners on bail in the event of their arrest in Crime
No. 94 of 2026, pending on the file of the respondent and thus render justice.
For Petitioner(s): M/s.Camyles Gandhi W
For Respondent(s): Mr.A.Gopinath
Government Advocate (Criminal side)
ORDER
The petitioners, apprehend arrest for the alleged offences under Sections
296 (b), 115 (2), 118 (1) & 351 (3) of BNS in Crime No.94 of 2026, on the file
of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the due to previous enmity regarding
sewage flowing near the house of the defacto-complainant, the petitioners
abused and attacked the defacto-complainant’s grandfather using stone. Hence,
the complaint.
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3. The learned counsel appearing for the petitioners submits that the
petitioners are innocent and they have not committed any such offence as
alleged by the prosecution. He would also submit that they have been falsely
implicated in this case. However, on instructions, the learned counsel further
submits that the petitioners are ready and willing to abide by any conditions that
may be imposed by this Court and hence, he prays to grant anticipatory bail to
the petitioners.
4.The learned Government Advocate (Criminal Side) appearing for the
respondent police reiterated the prosecution case and opposed for grant of
anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the voluntary submission made by the learned counsel for
the petitioners, the petitioners are directed to deposit a sum of Rs.10,000/-
(Rupees Ten 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 and to produce the Bank Challan before the
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concerned Magistrate and the receipt shall be produced at the time of executing
the bond;
7. Taking note of the facts and circumstances of the case, nature of
allegations, submissions made by the learned counsels on either side, this Court
is of the firm view that custodial interrogation of the petitioners are not
necessary. Hence, this Court is inclined to grant anticipatory bail to the
petitioners, subject to certain conditions.
8. Accordingly, the petitioners are ordered to be released on bail in the
event of arrest or on their appearance, within a period of fifteen (15) days from
the date of receipt of a copy of this order, before the learned Judicial
Magistrate II, Sankagiri, 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 respondent police or the
police officer who intends to arrest or to the satisfaction of the learned
Magistrate concerned 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;
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L.VICTORIA GOWRI, J.
[b] the first, second and third petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for further interrogation; the third petitioner shall report before the respondent Police as and when required; [c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 ep/sma To
1.The Judicial Magistrate II, Sankagiri.
2.The Inspector of Police, Magudanchavadi Police Station, Salem District.
3.The Public Prosecutor High Court of Madras.
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