Citation : 2026 Latest Caselaw 2736 Mad
Judgement Date : 22 May, 2026
Crl.O.P.No.13421 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.05.2026
CORAM
THE HON'BLE MR. JUSTICE R.SAKTHIVEL
Crl.O.P.No.13421 of 2026
Saravanan
S/o.Venkatesan
...Petitioner/Accused-6
Vs.
The State Rep. by
The Inspector of Police,
Ambur Town Police Station,
Tirupathur District.
(Crime No.147 of 2026) ...Respondent/ Complainant
PRAYER: Criminal Original Petition filed under Section 482 of
Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the
Petitioner on pre-arrest bail in the event of his arrest in Crime No.147 of
2026 pending investigation on the file of Respondent Police.
For Petitioner : Mr.T.Dharsarathan
For Respondent : Mr.S.Yogaraja Sekar
Counsel for Government of Tamil Nadu
(Criminal Side)
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.13421 of 2026
ORDER
This Criminal Original Petition has been filed by the Petitioner on
19.05.2026 for the alleged offence under Sections191(2), 191(3), 296(b),
115(2) and 118(1) of Bharathiya Nyaya Sanhita, 2023, in Crime No.147
of 2026, praying to grant an order of pre-arrest bail.
2.The case of prosecution is that there was a wordy quarrel
between the defacto complainant, Petitioner and Petitioner’s friend.
Further, the Petitioner along with his friend attacked the Defacto
complainant on his face, right hand with stones and threatened him with
dire consequences. Hence, the complaint.
3.The learned Counsel appearing for Petitioner submitted that the
Petitioner has not at all committed any of offence as alleged by the
Respondent Police and he has been falsely implicated in this case and he
will abide by any condition that may be imposed by this court. Hence, he
prayed to grant an order of pre-arrest bail to the Petitioner.
4.The learned Government Advocate (Criminal Side) appearing for
Respondent Police submitted that the victim admitted in the hospital on
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11.05.2026 and discharged from the hospital on 14.05.2026. He further
submitted that the accused has no previous case. Hence, he opposed to
grant pre-arrest bail to the Petitioner.
5.Considering the facts and circumstances and the fact that the
Petitioner has no previous case and the victim has been discharged from
the hospital, this Court is inclined to grant pre-arrest bail to the Petitioner
subject to the following conditions:
(i) The Petitioner shall be released on pre-arrest bail in the event of
his arrest or in the event of his surrender before the Judicial Magistrate,
Ambur, Tirupathur District within a period of 15 days from today, on
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only),
along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten
Thousand only) to the satisfaction of the learned Judicial Magistrate,
Ambur, Tirupathur District;
(ii) The Petitioner shall appear and sign before the Respondent-
Police, on everyday at 10.00 a.m., until further orders;
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(iii) The sureties shall affix their photographs and left thumb
impression in the Application for Suretyship [Judicial Form No.46
annexed to 'The Criminal Rules of Practice, 2019]. The learned Judicial
Magistrate, Ambur, Tirupathur District shall obtain a copy of any one of
their identity proofs to ensure their identity;
(iv) The Petitioner shall furnish his residence address and mobile
number to the learned Judicial Magistrate, Ambur, Tirupathur District.
(v) The Petitioner shall not enter into the de facto complainant's house or his work place.
(vi) The Petitioner shall not try to contact the de facto complainant, victims, and witnesses either directly or through any electronic mode.
(vii) The Petitioner shall not, directly or indirectly, cause any threat
to the defacto complainant and witnesses and shall not tamper the
evidence.
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(viii) On breach of any of the aforementioned conditions, the
learned Judicial Magistrate, Ambur, Tirupathur District is entitled to pass
appropriate orders against the Petitioner in accordance with law as if the
aforementioned conditions are imposed by them as laid down by the
Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC
283].
6.Accordingly, this Criminal Original Petition is allowed subject to
the conditions stated supra.
22.05.2026 Index : Yes/No Internet : Yes/No Neutral citation : Yes/No pam 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
R.SAKTHIVEL. J.
pam
To
1.The Judicial Magistrate, Ambur, Tirupathur District.
2.The Inspector of Police, Ambur Town Police Station, Tirupathur District.
3.The Public Prosecutor, High Court of Madras.
22.05.2026
https://www.mhc.tn.gov.in/judis
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