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Madras High CourtCRL OP/2469/2026granted

Ramesh v. State Rep.By, The Sub Inspector Of Police,

2026-02-04Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. Ramesh S/o.Jayaraman, Residing at 12, North street, Kiliyur Village, Ulundurpettai taluk, Kallakurichi District-606102.

2. Ayyanar S/o.Kaliyan, Residing at 34/34, West Street, Kiliyur Village, Ulundurpettai taluk, Kallakurichi District-606102.

..Petitioner(s) Vs State rep.by, The Sub Inspector of Police, Kalamaruthur Police Station, Kallakurichi District.

Cr.No.19 of 2026.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest in connection with FIR No.19 of 2026 dated 20.01.2026, on the file of respondent police, on such terms and conditions as this Honble court.

For Petitioner(s):

Mr.M.Elumalai For Respondent(s):

Ms.J.R.Archana Government Advocate (Crl.side)

Order The petitioners, who apprehend arrest by the respondent police for the offences punishable under Sections 126(2), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 in Crime No.19 of 2026 registered on the file of the respondent police seek anticipatory bail.

2. The allegation against the petitioners is that the petitioners and the defacto complainant are residents of the same locality and that a wordy quarrel arose on the date of the alleged occurrence, during which the petitioners allegedly assaulted the defacto complainant with hands and legs, causing injuries. Hence, the present case has been registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners were not present at the place of occurrence and they have been falsely implication only on the basis of suspicion. He further submitted that the petitioners are willing to cooperate with the investigation. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that it is a case and a case in counter. He further submitted that the injured was discharged from the hospital and that the petitioners have no previous cases pending against them. Hence, he opposed the grant of anticipatory bail to the petitioners.

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.

6. Considering the nature of the allegations, the fact that the injured was discharged from the hospital, and taking note that it is a case and counter-case, 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 anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.II, Ulundurpet, on condition that the petitioner shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only), each 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 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; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

04-02-2026 DRL To 1.The Judicial Magistrate No.II, Ulundurpet.

2. The Sub Inspector of Police, Kalamaruthur Police Station, Kallakurichi District.

3.The Public Prosecutor High Court, Madras.

K.RAJASEKAR J.

DRL 04-02-2026