Sekhar v. The State Rep.By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-02-2026
CORAM
THE HON'BLE MR.JUSTICE K.RAJASEKAR Sekhar S/o.Mr.Ayyandurai, D.No.5/6-236, Kalaiyanur, Karunkall, Kaveripuram Post, Salem district-636 303.
..Petitioner(s) Vs The State rep.by, The Inspector of Police Kolathur Police Station, Salem District.
(Ref.Cr.No.41/2026 dated 04.02.2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in connection with Cr.No.41/2026 dated 04.02.2026 pending investigation on the file of the Inspector of Police, Kolathur Police station, Salem district. For Petitioner(s):
M/s.C.Arunkumar For Respondent(s):
M/S.J.R.Archana Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 132, 351(3) of BNS, 2023 in Crime No.41 of 2026, seeks anticipatory bail.
2. The allegation against the petitioner is that the d facto complainant herein is a Sub Inspector of Police who went to the petitioner's house for serving summons for the purpose of conducting enquiry with regard to a land dispute; this petitioner had abused him and threatened him with dire consequences. Further, it is alleged that the petitioner voluntarily admitted himself to the hospital after calling an ambulance. Hence, the case has been registered.
3. The learned counsel for the petitioner would submit that the petitioner has not assaulted or abused the officer; it is a false accusation, and 5 officers came to the house of the petitioner and he was beaten up by the police officers. Therefore, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation in this case is pending. Hence, she opposed the grant of anticipatory bail to the petitioner.
5. Considering the nature of the allegations, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is 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 ready, before the learned Judicial Magistrate-I, Mettur, Salem District, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:
(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 petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two 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 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.
23-02-2026 MPA To 1.The Judicial Magistrate-I, Mettur, Salem District.
2. The State rep.by, The Inspector of Police Kolathur Police Station, Salem District.
(Ref.Cr.No.41/2026 dated 04.02.2026) 3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
MPA 23-02-2026