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Madras High Court
Raja Alias Soundarajan vs The State Rep By The Inspector Of Police on 22 May, 2026
CRL OP No. 13553 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. 13553 of 2026
Raja Alias Soundarajan,
S/o. Santhanam,
No.50, Pillayar Koil Street, Koyambedu,
Padikuppam, Chennai-600107.
..Petitioner/Sole Accused
Vs
The State Rep. by,
The Inspector of Police,
V-5 Thirumangalam Police Station,
Thirumangalam, Chennai.
(Crime No.309 of 2026)
..Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of
Bharatiya Nagarik Suraksha Sanhita (BNSS) Act, 2023, praying to enlarge the
petitioner/sole accused on bail in the event of arrest in connection with the
above said Crime No.309 of 2026 on the file of the Inspector of Police, V-5
Thirumangalam Police Station, Thirumangalam, Chennai.
For Petitioner : Mr. B. Thirumalai
For Respondent : Mr. R. Ganesh Kumar,
Government Advocate (Criminal side)
Assisted by Mr. A. Mohammed Imran
ORDER
This Criminal Original Petition has been filed by the petitioner on
19.05.2026 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS)
Act, 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), 118(1) and 351(3) of
the Bharatiya Nyaya Sanhita (BNS) Act, 2023, and Section 4 of Tamil Nadu
Prohibition of Harassment of Women (TNPHW) Act, in Crime No.309 of 2026
on the file of the respondent police.
3. The case of the prosecution is that, the defacto complainant is the
wife of the petitioner. Due to certain domestic misunderstandings, a wordy
quarrel arose between them on 11.05.2026, during which the petitioner,
suspecting the defacto complainant, assaulted her with a stick and caused simple
injuries. Hence, the case.
4. Mr. B. Thirumalai, the learned counsel for the petitioner, submits
that the petitioner is innocent and he has not committed any offence as alleged
by the prosecution. He further submits that the petitioner has been falsely
implicated in this case. 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. Per contra, Mr. R. Ganesh Kumar, the learned Government
Advocate (Criminal Side) assisted by Mr.A.Mohammed Imran, appearing for
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the respondent-police, submits that the petitioner assaulted the defacto
complainant with a stick and caused injuries to her, abused her in filthy
language, and threatened her with dire consequences. He further submits that no
previous cases are pending against the petitioner. He also submits that if pre-
arrest bail is granted to the petitioner, he will abscond and tamper with the
evidence. Therefore, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides'. This Court has perused the material records
available in the bundle.
7. Considering the above facts and circumstances of the case, the
submissions made by both sides, this Court is of the view that custodial
interrogation of the petitioner may not be required to the Investigating Agency.
Hence, 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 XIII Metropolitan Magistrate, 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
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sureties each for a like sum of Rs.10,000/- (Rupees Ten
Thousand only) to the satisfaction of the learned XIII
Metropolitan Magistrate, 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 Judicial Magistrate 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 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 de facto complainant and witnesses and
shall not tamper the evidence;
(vii) The petitioner shall not leave India without the
previous permission of the Court;
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(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 XIII Metropolitan Magistrate, Egmore, Chennai,
is entitled to pass appropriate orders against the petitioner in
accordance with law as if the aforementioned conditions are
imposed by him 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
Neutral Citation: Yes/No
klt/gbi
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.
klt/gbi
To
1. The learned XIII Metropolitan Magistrate, Egmore, Chennai.
2. The Inspector of Police,
V-5 Thirumangalam Police Station,
Thirumangalam, Chennai.
3. The Public Prosecutor,
High Court of Madras.
22-05-2026
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