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Madras High CourtCRL OP/9023/2026granted

Jai Karthikeyan v. The State Rep.By.

2026-04-09Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Jai Karthikeyan S/o. Karunakaran No.42, Ashok Nagar 6th street, Sedukkarai, Gudiyattam,Vellore District- 632602.

2. J. Aravind S/o. Jai Karthikeyan No.42, Ashok Nagar 6th street, Sedukkarai, Gudiyattam, Vellore District- 632602.

3. M. Sarathkumar S/o. M. Mohan, No.130, Manthaveli Street, Chennarayapalli, Katpadi, Vellore District-635803

4. P. Sibiraj S/o.Panjasaram No.62, Annai Sathya Nagar, Sethuvandai, Katpadi Taluk, Vellore District-635803 ..Petitioner(s) Vs The State Rep.by.

Inspector of Police, Ambattur Police Station, Ambattur Taluk, Redhills Police District Chennai.

Crime No.0128/2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to grant an order of Anticipatory Bail to the Petitioners in the event of their

arrest in Crime No. 0128 of 2026 on the file respondent police and thus render justice.

For Petitioner(s):

Mr. A. Ramalingam For Respondent(s):

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

ORDER

The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 308(3), 351(2) of BNS, in Crime No.0128 of 2026, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioners is that, due to previous enmity between the petitioners and the defacto complainant's father, on the date of the occurrence, the petitioners waylaid the defacto complainant, abused him, and threatened him with dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the occurrence took place on 24.11.2025 and the FIR was registered on 26.11.2025. He further submitted that the petitioner is not a named accused in the FIR and that the defacto complainant is now attempting to implicate him. He further submitted that the petitioners have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that A1 had already illegally transferred the title of four houses belonging to the defacto complainant's father and, when the defacto complainant was travelling in his car, A1 along with 8 other persons waylaid him and compelled him to execute sale deeds in respect of other properties. Hence, he opposed to grant anticipatory bail to the petitioners.

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

6. On perusing of the FIR, it is seen that the petitioner is not named as an accused, and upon the fact that the occurrence took place on 24.11.2025 and FIR was registered on 26.11.2025, this Court is of the view, that at this length of time, the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from

the date on which the order copy is made ready, before the learned Judicial Magistrate Court No.I, Ambattur, on condition that the petitioners shall execute a separate 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 petitioners 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 petitioners shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required;

(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 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

09-04-2026 DRL To 1.The Judicial Magistrate Court No.I, Ambattur.

2.The Inspector of Police, Ambattur Police Station, Ambattur Taluk, Redhills Police District Chennai.

Crime No.0128/2026 3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 09-04-2026