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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR CRL OP No. 3025 of 2026

1. Dinesh S/o Suresh

2. Chandru S/o Moorthy ..Petitioner(s) Vs The State Rep.by, The Inspector of Police, Maduranthakam Police Station, Chengalpattu Cr.No.40/2026.

..Respondent(s) Prayer: This petition is filed under Section 482 of BNSS to extend the petitioner's anticipatory bail in the event of arrest in Crime No.40 of 2026 pending on the file of the respondent police. For Petitioner(s):

Mr.R. Prem Kumar

For Respondent(s):

Ms.J.R. Archana, Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(2) and 351(3),305 of BNS and Section 4 of women's Harassment Act in Crime No.40 of 2026, on the file of the respondent Police, seeks anticipatory bail. 2.The allegation against these petitioners is that the petitioner entered into the house of the defacto complainant along with other accused and quarreled with the defacto complainant. Thereafter, the petitioner and other accused attacked the defacto complainant and his family members with wooden log and iron rod and caused injuries to them. Hence, a case has been registered by the respondent police.

3.The learned counsel appearing for the petitioners submitted that the petitioners also sustained injuries and some of the co-accused were arrested and there is no specific overt act against these petitioners. He further submitted that

the petitioners are innocent and they have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and reported that the injured was discharged from the hospital and the petitioners are not having any previous case. However, he strongly opposed the grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record. 6 Considering the facts and circumstances of the case, the submissions made by both counsels; nature of offence; taking note of the fact that the injured discharged from the hospital and there is no previous case as against the petitioners, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate of Maduranthakam Court on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each 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 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 petitioner 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.

18-02-2026 Index: Yes/No Speaking/Non-speaking order SMN

To.

1. The Judicial Magistrate of Maduranthakam Court

2. The Inspector of police, Maduranthakam Police Station, Chengalpattu

3. The Public Prosecutor, High Court, Madras

K.RAJASEKAR, J.

smn CRL OP No. 3025 of 2026 18-02-2026