Nandakumar v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL. OP. No.490 of 2026 Nandakumar ....Petitioner Vs The State Represented by Inspector of Police, Peerkankaranai Police Station Kancheepuram District Crime No.577 of 2025.

..Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Crime No.577 of 2025 on the file of the respondent police.

For Petitioner: Mr.R.C.Paul Kanagaraj For Respondent: Ms.J.R.Archana, Government Advocate (Crl.side)

ORDER

The petitioner, who apprehends arrest by the respondent police for the offences punishable under Sections 126(2), 296(b), 118(2), 131(2), 109(1), 351(3) of BNS,2023 in Crime No.577 of 2025, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner is ranked as A1 in this case. Due to a real estate business enmity, this petitioner engaged 4 other persons and A2 to A4, waylaid the defacto complainant and attacked him with iron rod and other deadly weapons indiscriminately and caused severe injuries. Hence the complaint was lodged while he was taking treatment.

3. The learned counsel appearing for the petitioner would submit that the petitioner is not having any direct overt act in this case and it is alleged that he has instigated the other accused to attack the defacto complainant and the injured has been discharged from the hospital. He further submitted that the earlier bail application was dismissed by this court on the ground that the petitioner is having bad antecedent including the case of murder and the same is not proper representation since the murder case was ended as early as in the year 2007 and for the past several years, the petitioner is not having any bad antecedent Therefore, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the

respondent police reiterated the prosecution case and submitted that the injured has been discharged from the hospital and on the instigation of the petitioner only, the said occurrence had taken place. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Considering the nature of allegations and the submissions made by learned counsel on either side and considering the fact that the injured has been discharged from the hospital and the earlier petition was dismissed by this court on the ground that the petitioner was involved in 302 of IPC offence and taking note of that the petitioner was already acquitted from the said case and no other case is reported against the petitioner as of now, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate -I, Tambaram, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall stay at Coimbatore and report before the Singanallur Police Station everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the

learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

12.01.2026 To

1. The Inspector of Police, Peerkankaranai Police Station Kancheepuram District 2.The Public Prosecutor High Court of Madras.

K.RAJASEKAR, J., gv CRL OP NO.490 of 2026 12.01.2026