Citation : 2026 Latest Caselaw 2424 Mad
Judgement Date : 7 May, 2026
CRL OP No. 11753 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. 11753 of 2026
1.Sachinprabakaran
2.Suresh
3.Prabhu
4.Nesamani
5.Aravindan
..Petitioner(s)
Vs
State represented by
The Inspector of Police,
Harur Police Station,
Dharmapuri District.
(Crime No. 207 of 2026) ..Respondent(s)
PRAYER: Criminal Original Petition filed under Section 482 of BNSS Act,
2023, seeking to enlarge the petitioners on anticipatory bail in the event of their
arrest in Crime No.207 of 2026 on the file of the Respondent police.
For Petitioner(s): Mr.J.Pradeep
For Respondent(s): Mr.A.Gopinath
Govt. Advocate (Crl. Side)
ORDER
The petitioners apprehend arrest for the alleged offence under Sections
189(2), 296(b), 115(1), 118(1) of BNS, Act, 2023, in Crime No.207 of 2026 on
the file of the respondent police seek anticipatory bail.
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2.The case of the prosecution is that due to previous enmity, the
petitioners allegedly abused and assaulted the de-facto complainant, while a
counter case was also registered against the de-facto complainant in respect of
the same. 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.
Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent police reiterated the prosecution case and objected for the grant of
anticipatory bail. He added that the injured has been discharged from the
hospital.
5. Considering the fact that the injured has been discharged from the
hospital, 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.
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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)
days from the date on which the order copy made ready, before the learned
Judicial Magistrate, Harur 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 petitioners 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, Harur 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 three weeks and thereafter as and when required for interrogation;
(d) 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];
(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
07-05-2026 nvi
To.
1.The Judicial Magistrate, Harur
2. The The Inspector of Police, Harur Police Station, Dharmapuri District.
3.The Public Prosecutor, High Court of Madras, Chennai 600 104
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