[Cites 1, Cited by 0]
Madras High Court
R Naresh vs State Rep. By The Inspector Of Police on 22 May, 2026
CRL OP No. 13509 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. 13509 of 2026
R Naresh
S/o. Ramesh,
No.22/39, Kamaraj Colony,
3rd Street, Kodambakkam, Chennai.
..Petitioner/Accused
Vs
State rep. by The Inspector of Police
R-2 Kodambakkam Police Station
Chennai
(Crime No. 54/2026)
..Respondent/
Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on
pre-arrest bail in Crime No.54 of 2026 on the file of the respondent police.
CRL OP No. 13509 of 2026
For Petitioner: Mr.S.Karthick
For Respondent(s): Mr.C.R.Malarvannan,
Additional Public Prosecutor.
ORDER
This Criminal Original Petition has been filed by the petitioner on
19.05.2024 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023 praying to grant an order of pre-arrest bail.
2. The petitioner / Accused, apprehends arrest at the hands of the
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respondent police for the alleged offences punishable under Sections 126(2),
296(b) 118(1) 351(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
in Crime No. 54 of 2026, on the file of the respondent police.
3. The case of the prosecution is that on 12.04.2026 at about 08.15 p.m.
at 6th street, Kamarajar Colony, Kodambakkam, the petitioner and another one
had abused and attacked the defacto complainant with a stone and used filthy
languages and threatened him. Hence, the case.
4. Mr.S.Karthick, learned counsel appearing for the petitioner submits
that the petitioner is an innocent person and he has not committed any offence
as alleged by the prosecution. He further 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. Mr.C.R.Malarvannan, learned Additional Public Prosecutor appearing
for the respondent Police submits that the petitioner along with another attacked
and threatened the defacto complainant with dire consequences. The defacto
complainant sustained simple injury, for which he had taken treatment and he
was discharged. The co accused already got bail on 27.04.2026 before the XVII
Metropolitan Magistrate Court, Saidapet, Chennai. There are 11 previous cases
as against the petitioner. He further submits that the investigation of the case is
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still pending and therefore, at this stage, if the pre-arrest bail is granted to the
petitioner, he will commit similar type of offence. Hence he prays to dismiss
this Criminal Original Petition.
6. Heard both sides. This Court has perused the records.
7. Considering the fact that the petitioner caused simple injuries to the
defacto complainant and the defacto complainant was discharged from the
hospital after taking treatment as in-patient and he is a permanent resident,
hence, there is less possibility of absconding and this Court is of the view that
the custodial interrogation of the petitioner is not required to the Investigating
Agency. Considering the same and also considering the facts and circumstances
of the case, the nature of the offence, 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 bail in the event of his arrest or in
the event of his surrender before the learned Metropolitan Magistrate No. XVII,
Saidapet, Chennai, within a period of 15 days from today, on his 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 Metropolitan Magistrate No. XVII, Saidapet,
Chennai;
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(ii) The sureties shall affix his 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. XVII,
Saidapet, 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
police 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 not enter into the defacto complainant's house
and workplace; and
(vii) On breach of any of the aforementioned conditions, the learned
Metropolitan Magistrate No. XVII, Saidapet, 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].
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9. 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
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.
To
1. The Metropolitan Magistrate No. XVII,
Saidapet, Chennai.
2. The Inspector of Police
R-2 Kodambakkam Police Station
Chennai
(Crime No. 54/2026)
3.The Public Prosecutor,
High Court, Madras.
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R.SAKTHIVEL J.
JRS
22-05-2026
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