Citation : 2026 Latest Caselaw 2419 Mad
Judgement Date : 7 May, 2026
CRL OP No. 11799 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. 11799 of 2026
Chinnarasu ..Petitioner(s)
Vs
The State Rep By, The Inspector of Police
No.564, Mariyamman kovil street,Karanai
colony,Vidaiyur, Tiruvallur District.-631203B-1
Tiruvallur Town Police Station, '
Tiruvallur.
Crime No.167 of 2026. ..Respondent(s)
PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C. / 482
of BNSS Act, 2023, seeking to enlarge the petitioner on bail in the event of his
arrest by the respondent police concerned in Crime No. 167 of 2026 pending on
the file of the respondent police.
For Petitioner(s): Mr.M.Nagoor Moideen
For Respondent(s): Mr.A.Gopinath
Government Advocate (Crl. Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections
3(1) of TNPPDL Act r/w Section 324 (3) of BNS in Crime No.167 of 2026 on
the file of the respondent police seeks anticipatory bail.
2.The case of the prosecution is that the petitioner along with other
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accused came to the defacto complainant’s house in a two wheeler with the
vehicle registration number concealed, wearing raincoats, and threw stones,
thereby causing damage to the window glass door. The damage is assessed to
the tune of Rs.2,000/-. Hence the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is
innocent and he has not committed any offence as alleged by the prosecution
and he has been falsely implicated in this case. He further submitted that he is
ready to abide by any stringent condition that may be imposed by this Court and
he is ready to co-operate with the investigation. Hence, he prays to grant
anticipatory bail to the petitioner.
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 and the
submissions of the learned counsel, this petition may be considered positively
with a stringent condition. Hence, this Court is inclined to enlarge the petitioner
on anticipatory bail, subject to certain conditions.
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6. Accordingly, the petitioner is ordered to be released on anticipatory
bail in the event of arrest or on his appearance, within a period of fifteen (15)
days from the date on which the order copy made ready, before the learned
Judicial Magistrate Court-I, Tiruvallur, 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 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 petitioner shall deposit a sum of Rs.5,000/-(Rupees Five Thousand only) (Non refundable) 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 Court -I, Tiruvallur 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 /kas
(d) 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;
(e) 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];
(f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
07-05-2026 nvi /kas
To.
1.The Judicial Magistrate Court – I, Tiruvallur
2.The Inspector of Police No.564, Mariyamman kovil street, Karanai colony, Vidaiyur, Tiruvallur District.-631203B-1 Tiruvallur Town Police Station, Tiruvallur.
3.The Public Prosecutor, High Court of Madras, Chennai 600 104
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