Subramani v. State Rep.By The Inspector Of Poiice,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Subramani S/o. Lakshmanan, Ambedkar nagar, Ammaiyarkuppam, Thiruvallur District.
..Petitioner(s) Vs State rep.by The Inspector of PoIice, R. K. Pet PoIice Station, Thiruvallur District.
Cr. No. 86 of 2026 .
..Respondent(s) Prayer : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No. 86/2026 on the file of the respondent.
For Petitioner(s):
Mr.V.Elangovan For Respondent(s):
Mr.P.Dhileepan Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 126(2), 296(b), 115(2), 118(1), 351(3) of BNS, in Crime No.86 of 2026, on the file of the respondent Police, seeks anticipatory bail.
2. The allegation against the petitioner is that, due to previous enmity, the petitioner along with two other accused waylaid the defacto complainant and assaulted him with a wooden log, thereby causing injuries to him. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent, and has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the co-accused A2 and A3 have already been released on bail before the learned Judicial Magistrate. Hence, 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, upon instructions, submitted that the injured was discharged from the hospital on the next day. Hence, he opposed to grant anticipatory bail to the petitioner.
5. I have given my anxious consideration to either side submissions.
6. Considering the nature of the allegations, the fact that the co-accused have been granted bail and that the injured was discharged from the hospital,
this Court is of the firm view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.
7. 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 is made ready, before the learned District Munsif cum Judicial Magistrate, Pallipattu, 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 daily at 10.30 am 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.
09-04-2026 DRL To 1.The District Munsif cum Judicial Magistrate, Pallipattu.
2.The Inspector of PoIice, R. K. Pet PoIice Station, Thiruvallur District.
3. The Public Prosecutor, High Court, Madras.
C.KUMARAPPAN, J.
DRL 09-04-2026