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Madras High CourtCRL OP/1914/2026granted

Rajeshkumar @ Rajesh v. State Rep. By The Inspector Of Police

2026-01-29Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.1914 of 2026

1. Rajeshkumar @ Rajesh

2. Shanmugavel ... Petitioners Vs.

The Inspector of Police, Gudimangalam Police Station, Tiruppur District.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge this petitioners on bail in the event of arrest in connection with Cr.No.09 of 2026 on the file of the respondent police.

For Petitioners : Mr.D.Ilayaraja 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 (under Sections 294(4), 323, 324 and 506(ii) of IPC) in Crime No.9 of 2026, on the file of the respondent police seek anticipatory bail.

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2. The case of the prosecution is that the due to the wordy quarrel, the petitioners have abused, attacked the defacto complainant and caused injuries to him. Hence, the complaint has been lodged against the petitioners, pursuant to which the present petition has been filed.

3. The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and the injured has been discharged from the hospital. He further submitted that the petitioners are ready to cooperate with the investigation. 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, there are no previous cases against them and investigation in this case is pending. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the nature of the allegations and the injured has been discharged from the hospital, there are no previous cases against them and investigation in this case is pending, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 2/5

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 Judicial Magistrate-II, Udumalpet 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; (c) The petitioners shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation;

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(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.

29.01.2026 Vv To

1. The Judicial Magistrate-II, Udumalpet

2. The Inspector of Police, Gudimangalam Police Station, Tiruppur District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.1914 of 2026 29.01.2026 5/5