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Madras High Court
Mukesh Babu vs The State Rep By The Inspector Of Police on 22 May, 2026
CRL OP No. 13637 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. 13637 of 2026
Mukesh Babu
..Petitioner/Accused
Vs
The state rep by The inspector of Police
R-7 KK Nagar Police Station,
Chennai District.
Crime no 90/2026
..Respondent/
Complainant
Prayer: Criminal Original Petitioner under Section 482 of Bharatiya Nagarik
Suraksha Sanhita (BNSS) Act, 2023, praying to enlarge the petitioner on bail in
the event of apprehending arrest in the Crime No.90 of 2026 on respondent
police station, Chennai District.
For Petitioner(s): Mr.P.Muthamizh Selvakumar
For Respondent(s): Mr.Aamarnath,
Counsel of Government of Tamil Nadu (Crl.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.
2. The petitioner apprehends arrest at the hands of the respondent-police
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for the offences punishable under Sections 126(2), 296(b), 309(4) of Bharatiya
Nagarik Sanhita, 2023 in Crime No.90 of 2026 on the file of the respondent-
police.
3. The case of the prosecution is that on 30.03.2026, due to wordy
quarrel, the petitioner along with other accused and abused the defacto
complainant with filthy language and robbed a sum of Rs.8000 and Vivo Cell
phone. Hence, the present case.
4. Mr.P.Muthamizh Selvakumar, the learned counsel for the petitioner,
submits that the petitioner is innocent person, he has not committed any offence
as alleged by the prosecution and a false case has been foisted against the
petitioner. He however submits that the petitioner is ready to abide by any
stringent conditions that may be imposed by this Court. Accordingly, he prays
to grant an order of pre-arrest bail to the petitioner.
5. Per contra, Mr.A.Amarnath, the learned counsel for Government of
Tamil Nadu (Criminal Side) appearing for the respondent-police, submits that
the petitioner attacked the defacto complainant on 30.03.2026. Subsequently,
the defacto complainant admitted in hospital and discharged on the same day.
He further contends that if the petitioner is released on pre-arrest bail, he will
again cause threat to the defacto complainant and tamper with the evidence.
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Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioner is permanent residence and has 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 petitioner and taking
note of the fact that the injured was discharged from hospital and with a view to
give an opportunity to the petitioner to reform himself, 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 XXIII Metropolitan
Magistrate Court, Saidapet, 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 sum of
Rs.10,000/- (Rupees Ten Thousand Only) to the satisfaction of the learned
XXIII Metropolitan Magistrate Court, Saidapet.
(ii) The sureties shall affix their photographs and left thumb impression
in the Application for Suretyship [Judicial Form No.46 annexed to 'The
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Criminal Rules of Practice, 2019']. The learned XXIII Metropolitan Magistrate,
Saidapet 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 themselves 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, his family members and witnesses and shall not
tamper the evidence.
(vii) The petitioner shall furnish their residential address and mobile
number to the learned XXIII Metropolitan Magistrate, Saidapet.
(vii) On breach of any of the aforementioned conditions, the learned
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learned XXIII Metropolitan Magistrate, Saidapet 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 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
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
JAI
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 XXIII Metropolitan Magistrate,
Saidapet.
2. The inspector of police
R-7 KK Nagar Police Station,
Chennai District.
3. The Public Prosecutor,
High Court of Madras.
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R.SAKTHIVEL, J.
JAI
22-05-2026
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