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Madras High Court
Rameshraj vs State Rep By The Inspector Of Police on 22 May, 2026
CRL OP No. 13562 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. 13562 of 2026
Rameshraj,
S/o. Sigamani,
No.15, Gangai Amman Kovil Cross Street,
Mettukuppam, Nerkunram,
Thiruvallur District
..Petitioner/
Accused
Vs
State rep by
The Inspector of Police
K-10, Koyambedu Police Station,
Thiruvallur District.
Crime No. 415 of 2026
..Respondent(s)
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.415 of 2026 on the file of the respondent-police.
For Petitioner : Mr.VR Appaswamee,
For Respondent : Mr.C.R.Malarvannan,
Additional Public Prosecutor
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), 133, 351(2) of Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023, in Crime No.415 of 2026 on the file
of the respondent-police.
3. The case of the prosecution is that, on 23.04.2026 during the General
Election, the petitioner, being a member of a political party, carried his party
flag within the prohibited distance of 200 meters from the polling area and,
when questioned by the police, allegedly abused the police officials, pursuant to
which the present FIR came to be registered on the complaint of the Sub
Inspector of Police. Hence the case.
4. Mr.VR Appaswamee, the learned counsel for the petitioner, submits
that the petitioner is an innocent person and he has not committed any offence
as alleged by the prosecution. He however submits that the petitioner is ready
to abide any conditions to be imposed by this Court. Accordingly, he prays to
grant an order of pre-arrest bail to the petitioner.
5. Per contra, Mr.C.R.Malarvannan, the learned Additional Public
Prosecutor appearing for the respondent-police, submits that the petitioner
being a member of a political party, carried the party flag within the prohibited
distance of 200 meters from the poling booth and when questioned by the police
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officials, abused them in filthy language and therefore based on the complaint
lodged by the sub inspector of police, the case has been registered. He further
fairly submits that there is no previous case against the petitioner. He however,
submits that the investigation of the case is still pending and therefore, at this
stage, if the pre-arrest bail is granted to the petitioner, he will commit similar
type of offence . Accordingly, he prays to dismiss this Criminal Original
Petition.
6. Heard on both sides. This Court has perused the records.
7. Considering the aforesaid facts and circumstances of the case, and
taking into account the nature of the allegation, this Court is of the view that the
custodial interrogation of the petitioner is not necessary. Further, the petitioner
has permanent residence and deep roots in the society. Hence, there is less
possibility of absconding, this Court is inclined to grant pre-arrest bail to the
petitioner. Accordingly, pre-arrest bail is granted 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.II, 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.II, 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.II, 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
weekly twice, i.e., on Monday and Friday 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 him 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 leave India without prior permission of the
Court.
(viii) The petitioner shall furnish his residential address and mobile
number to the concerned Magistrate.
(ix) On breach of any of the aforementioned conditions, the learned
Metropolitan Magistrate No.II, Egmore, Chennai or Trial Court 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
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
JRS/MTL
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.
JRS/MTL
To
1.The Metropolitan Magistrate No.II, Egmore, Chennai.
2.The Inspector of Police,
K-10 Koyambedu Police Station,
Thiruvallur District.
3.The Public Prosecutor, High Court, Madras.
22-05-2026
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