Madan M v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR Madan M S/o.Rajendran, No.5, Santhiya Nagar, VTC Poonamallee, Chennai - 600 056, Thiruvallur District.

..Petitioner(s) Vs State Rep by Inspector of Police, T12-Poonamallee Police Station, Thiruvallur District.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge this petitioner/Accused on anticipatory bail pending investigation in Cr.No.85 of 2026 on the file of the respondent and thus render justice.

For Petitioner(s):

M/s.YUVARAJ JAYARAJ 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 126(2), 296(b), 115(2), 118(1), 309(4), 311, 351(3) of BNS,2023 in Crime No. 85 of 2026, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner joined hands with other accused waylaid and attacked the defacto complainant and taken away a sum of Rs.1,000/- from him. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant 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 petitioner is having one previous case and the investigation is pending. Hence, she opposed to grant anticipatory bail to the petitioner.

5. Considering the overt act that the petitioner has not attacked the injured and he only threatened with knife and though 1 previous case reported against the petitioner, 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 MagistrateII, Poonamallee, 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 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 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.

26-02-2026 MPA

To 1.The Judicial Magistrate-II, Poonamallee.

2.State Rep by Inspector of Police, T12-Poonamallee Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

MPA 26-02-2026