A.Azhagesan vs The State Rep By,
2026 Latest Caselaw 2772 Mad

Citation : 2026 Latest Caselaw 2772 Mad
Judgement Date : 22 May, 2026

[Cites 1, Cited by 0]

Madras High Court

A.Azhagesan vs The State Rep By, on 22 May, 2026

                                                                                CRL OP No.13380 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.13380 of 2026

                 1. A.Azhagesan
                    S/o.Anbazhagan,

                 2. P.Anbazhagan
                    S/o.Perumal,

                 3. Hemalatha
                    W/o.Anbazhagan,

                      All are residing at
                      Aruthangudi Village,
                      Madamandi X Road,
                      Vannapuram Taluk,
                      Kallakurichi District.                       ...Petitioners/Accused Nos.1 to 3



                                                             Vs
                 The State rep. by,
                 The Inspector of Police,
                 Tirupalapanthal Police Station,
                 Kallakuruchi District.
                 (Crime No.59 of 2026)                                    ...Respondent/Complainant

                Prayer :            The Criminal Original Petition filed under Section 482 of the
                Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest
                bail to the petitioners in Crime No.59 of 2026 on the file of the respondent
                police.
                                  For Petitioners :       Mr.T.Balachandran

                                  For Respondent :        Mr.S.Yogaraja Sekar
                                                          Government Advocate (Criminal Side)

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https://www.mhc.tn.gov.in/judis
                                                                              CRL OP No.13380 of 2026



                                                       ORDER

This Criminal Original Petition has been filed by the petitioners on

19.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita

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

2. The petitioners apprehend arrest at the hands of the respondent-police

for the offences punishable under Sections 296(b), 115(2) and 351(2) of the

Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.59 of 2026 on the file of the

respondent-police.

3. The case of the prosecution is that the petitioners and the defacto

complainant are family members. Due to a dispute with regard to cultivation of

land, the petitioners abused the defacto complainant in filthy language. Hence,

the present case.

4. Mr.T.Balachandran, the learned counsel for the petitioners, submits

that the petitioners are innocent persons, they have not committed any offence

as alleged by the prosecution and a false case has been foisted against the

petitioners. He further submits that the defacto complainant lodged a false

complainant against the petitioners. He however submits that the petitioners are

ready to abide by any conditions that may be imposed by this Court.

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

5. Per contra, Mr.S.Yogaraja Sekar, the learned Government Advocate

(Criminal Side) appearing for the respondent-police, reiterated the prosecution

case and upon instructions submits that there are no previous cases pending

against the petitioners. However, he prays to dismiss this Criminal Original

Petition.

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

7. The petitioners have permanent residence and deep roots in the society.

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

considering the nature of the offence alleged against the petitioners and taking

note of the fact that there are no previous cases against the petitioners and with

a view to give an opportunity to the petitioners to reform themselves, this Court

is inclined to grant pre-arrest bail to the petitioners. Accordingly, pre-arrest bail

is granted to the petitioners subject to the following conditions:

(i) The petitioners shall be released on pre-arrest bail in the event of their

arrest or in the event of their surrender before the learned Judicial Magistrate,

Tirukoilur, Kallakurichi District, 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) each along with two sureties each for

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

learned Judicial Magistrate, Tirukoilur, Kallakurichi District.

(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 petitioners shall appear and sign before the respondent-police

weekly twice i.e., on every Monday, and Friday at 10.00 a.m. until further

orders.

(iv) The petitioners shall make themselves available for interrogation by a

police officer as and when required.

(v) The petitioners 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 petitioners shall also not, directly or indirectly, cause any threat

to the defacto complainant, his/her family members and witnesses and shall not

tamper the evidence.

(vii) The petitioners shall not leave India without the previous permission

of the Court.

(viii) The petitioners shall furnish their residential address and mobile

number to the concerned Magistrate.

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

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Judicial Magistrate or Trial Court, as the case may be, is entitled to pass

appropriate orders against the petitioners 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.