Citation : 2026 Latest Caselaw 2601 Mad
Judgement Date : 14 May, 2026
Crl.O.P.No.12867 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.05.2026
CORAM
THE HON'BLE MR. JUSTICE P.DHANABAL
Crl.O.P.No.12867 of 2026
Appu @ Aaruppu
C/o. Chidambaram
No.233, Rajiv Gandhi Nagar,
Kudisai Area, Perambur Barrackes,
Chennai – 600 012. ... Petitioner
Vs.
State Rep. By
The Inspector of Police,
K7 ICF Police Station,
Chennai.
(Cr. No.108 of 2026) ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of BNSS, 2023
pleased to enlarge the petitioner on bail in the event of his apprehending
arrest at the hands of the respondent pending investigation in K7 ICF
Cr.No.108 of 2026 on the file of the respondent police.
For Petitioner : Mr.P.Krishna Moorthy
For Respondent : Mr.A.Gopinath
Government Advocate (Crl.Side)
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.12867 of 2026
ORDER
The petitioner, who apprehends arrest in the hands of the respondent
police for the offences punishable under Sections 296 (b), 115 (2), 351 (2) of
BNS Act and Section 4 of TNPHW Act in connection with Cr.No.108 of
2026, seeks anticipatory bail.
2 The case of the prosecution is that the petitioner waylaid the
defacto complainant, abused in filthy language and threatened with hands.
Hence, a case was registered.
3 The learned counsel for the petitioner would submit that the
petitioner is an innocent person and he has been falsely implicated in this
case. Hence, he seeks anticipatory bail.
4 The learned Government Advocate (Crl.Side) appearing for the
respondent reiterated the prosecution case and submitted that there are 12
previous cases pending against the petitioner and the injured has been
discharged from the Hospital.
5 Heard both sides and perused the materials available on record.
https://www.mhc.tn.gov.in/judis
6 Considering the nature of the offence and the fact that the
injured was discharged from the Hospital and though there are some previous
cases pending against the petitioner which are not similar in nature and in all,
bail was granted to him, I am inclined to grant anticipatory bail to the
petitioner subject to the following 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 Metropolitan
Magistrate – V, Egmore 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 condition that:
[a] the petitioner shall report before the Tambaram Police Station, daily
for a period of 30 days and thereafter, as and when required for
interrogation.
[b] the petitioner shall not, directly or indirectly, make any inducement,
threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the Court or to any police officer;
https://www.mhc.tn.gov.in/judis
[c] the petitioner shall not leave India without the previous permission of the Court;
[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 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 B.N.S.2023.
14.05.2026
dh
Note:
1.Registry is directed to forthwith upload this order in the official website of this Court.
2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
https://www.mhc.tn.gov.in/judis
To
1. The Metropolitan Magistrate - V, Egmore.
2. The Inspector of Police, K7 ICF Police Station, Chennai.
3. The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis
P.DHANABAL, J.
dh
14.05.2026
https://www.mhc.tn.gov.in/judis
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