Felix Infant 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.O.P.No.606 of 2026
1. Felix Infant
2. Richard Johnson
3. Dominic Sagaya Susairaj ... Petitioners Vs.
State rep by the The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.
... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in the event of their arrest at the hands of the respondent in Crime No.10 of 2026 pending investigation on the file of the respondent.
For Petitioners : Mr.E.Kannadasan For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioners, who apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1) and 351(3) of BNS r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.10 of 1/5
2026, pending investigation on the file of the respondent police seek anticipatory bail.
2. The prosecution case is that there was a quarrel between the petitioners and the defacto complainant, pursuant to which the petitioners abused and attacked the defacto complainant with bricks, thereby causing injuries to him, which led to the registration of the FIR. Hence, the present petition.
3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submitted that it is a case and counter case, that the injured has been discharged from the hospital, and that one of the co-accused has already been enlarged on bail. Therefore, he prayed that anticipatory bail be granted to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured has been discharged from the hospital, that it is a case and counter case, and that the investigation is still pending. Hence, he opposed the grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record. 2/5
6. Considering the nature of the allegations, the fact that the injured has been discharged from the hospital, that it is a case and counter case, and that the investigation in this case is pending, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Additional Magila Court, Krishnagiri on condition that each of the petitioners shall execute separate bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that: (a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; 3/5
(c) The petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
12.01.2026 Vv To
1. The Additional Magila Court, Krishnagiri
2. The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.
Krishnagiri District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
4/5
K.RAJASEKAR , J.
Vv Crl.O.P.No.606 of 2026 12.01.2026 5/5