Sarathkumar vs State Rep By The Inspector Of Police
2026 Latest Caselaw 2750 Mad

Citation : 2026 Latest Caselaw 2750 Mad
Judgement Date : 22 May, 2026

[Cites 6, Cited by 0]

Madras High Court

Sarathkumar vs State Rep By The Inspector Of Police on 22 May, 2026

                                                                                   CRL OP No.13388 of 2026


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                       DATED: 22-05-2026
                                                            CORAM
                                       THE HON'BLE MR.JUSTICE R.SAKTHIVEL
                                                     CRL OP No. 13388 of 2026

                 K.SarathKumar                                                     ..Petitioner/Accused

                                                               Vs
                 State Rep. by the Inspector of Police,
                 N-2, Kasimedu Police Station,
                 Chennai.
                 (Crime No.163 of 2026)                                      ...Respondent/Complainant


                PRAYER :- Criminal Original Petition filed under Section 482 of the Bharatiya
                Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the
                petitioner in Crime No.163 of 2026 on the file of the respondent police.


                                  For Petitioner :           Mr.Karthick S

                                  For Respondent :           Mr.S.Yogaraja Sekar
                                                             Counsel for Government of Tamil Nadu
                                                             (Criminal Side)


                                                             ORDER

This Criminal Original Petition has been filed by the petitioner on

19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023, praying to grant an order of pre-arrest bail.

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2. The petitioner apprehends arrest at the hands of the

respondent-police for the offences punishable under Sections 296(b), 115(2),

118(1), 351(3) of the Bharatiya Nyaya Sanhita Act, 2023 and Section 4 of the

Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.163 of

2026 on the file of the respondent-police.

3. The case of the prosecution is that due to the money dispute, the

petitioner entered into the house of the defacto complainant and abused her in

filthy language and attacked her resulting in the defacto complainant sustained

injuries and was admitted to the hospital between 15.05.2026 and 17.05.2026.

Hence, the case.

4. Mr.S.Karthick, learned counsel for the petitioner submits that the

petitioner is an innocent person and he has been falsely implicated in this case.

He would further submit that it is a case of case and counter. He further

submits that a false case has been foisted against the petitioner. He however

submits that the petitioner is ready to abide by any conditions to be imposed by

this Court. Accordingly, he prays to grant an order of pre-arrest bail to the

petitioner.

5. Mr.S.Yogaraja Sekar, learned counsel for Government of Tamil Nadu

(Criminal Side) appearing for the respondent police, submits that a complaint __________ Page2 of 6 https://www.mhc.tn.gov.in/judis

has been lodged by this petitioner as against the defacto complainant which was

registered in Crime No.164 of 2026. He further submits that the injured person

has taken treatment as in-patient in the hospital between 15.05.2026 and

17.05.2026 and was subsequently discharged. He further submits that there are

no previous cases against the petitioner. However, he prays to dismiss this

Criminal Original Petition.

6. Heard both sides. This Court has perused the records.

7. The petitioner has permanent residence and deep roots in the society

and therefore, there is less possibility of absconding. Considering the same and

also considering the fact that the injured was discharged on 17.05.2026 and the

nature of the offence allegedly committed by the petitioner, and taking note of

the fact that there are no previous cases against the petitioner, and with a view

to give an opportunity to the petitioner to reform himself, this Court is inclined

to grant an order of 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 learned Metropolitan

Magistrate No.X, Egmore, Chennai, within a period of 15 days from the date on

which the order copy is made ready, on executing a bond for a sum of

Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like

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sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the

learned Metropolitan Magistrate No.X, Egmore, Chennai.

(ii) 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 Metropolitan Magistrate No.X,

Egmore, Chennai, shall obtain a copy of any one of identity proofs to ensure

their identity.

(iii) The petitioner shall appear and sign before the respondent-police

daily at 10.00 a.m. until further orders.

(iv) The petitioner shall make himself available for interrogation by a

police officer as and when required.

(v) 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 them from disclosing such facts to the Court or to any police officer.

(vi) The petitioner shall also not, directly or indirectly, cause any threat to

the defacto complainant and witnesses and shall not tamper the evidence.

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(vii) The petitioner shall not enter into the defacto complainant's

residence or in her workplace.

(viii) The petitioner shall not leave India without the previous permission

of the Court.

(ix) The petitioner shall furnish his residential address and mobile

number to the concerned Magistrate.

(x) On breach of any of the aforementioned conditions, the learned

Judicial Magistrate or Trial Court, as the case may be, 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].

8. Accordingly, this Criminal Original Petition is allowed subject to the

conditions stated supra.

22-05-2026

dk/srm

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.

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R.SAKTHIVEL, J.

dk/srm

1. The Metropolitan Magistrate No.X, Egmore, Chennai.

2. The Inspector of Police, N-2, Kasimedu Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras, Chennai – 600 104.

22-05-2026

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