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Madras High CourtCRL OP/8685/2026granted

Santhosh Kumar v. State By The Inspector Of Police

2026-04-07Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Santhosh kumar S/o.Ashok Kumar, Chinthamani Village, Vikravandi Taluk, Villupuram District.

..Petitioner(s) Vs State By The Inspector of Police Taluk Police Station, Villupuram District.

Crime No.147 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioner on anticipatory bail in Crime No.147 of 2026 in the event of his arrest, pending investigation on the file of the Respondent Police and thus render justice.

For Petitioner(s):

M/s.V.Muthupandi For Respondent(s):

Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(1), 118(1), 133, 351(2), 324(2) of BNS in Crime No.147 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that, due to a wordy quarrel, the petitioner abused the de facto complainant and attacked him with hands and legs, causing injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he seeks the grant of anticipatory bail.

4. The learned Government Advocate (Criminal Side), appearing for the respondent police, reiterated the prosecution case and submitted that, when the de facto complainant was canvassing votes for a candidate in a Legislative Assembly election, the petitioner, being from a rival group, picked a quarrel, which led to an altercation. As a result, the de facto complainant sustained simple injuries and was subsequently discharged from the hospital. However, he opposed the grant of anticipatory bail to the petitioner.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

6. Taking into consideration the totality of the circumstances, and the fact

that the injured has been discharged from the hospital, and further considering that in offences of this nature custodial interrogation is not required, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-I, Villupuram, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned 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 petitioner 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

07-04-2026 MPA

To

1. The Judicial Magistrate-I, Villupuram.

2. The Inspector of Police Taluk Police Station, Villupuram District.

Crime No.147 of 2026

3. The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

MPA 07-04-2026