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Madras High Court/9141/2026granted

Madhan v. State Rep.By,

2026-04-10Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Madhan S/o.Pugazhendhi, No.68, North Street, Anichankuppam Village, nambikainallore, Marakkanam Taluk, Villupuram District.

..Petitioner(s) Vs State rep.by, The Inspector of Police, Kottakuppam Police station, Villupuram District.

Cr.No.416 of 2025.

..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 by the respondent police, pending investigation of the case in Cr.No.416 of 2025 on the file of the respondent.

For Petitioner(s):

Mr.Vijayaragavan Marimuthu 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),

324(2) and 351(3) of BNS, 2023 in Crime No.416 of 2025, 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 other accused attacked the defacto complainant and his father with a knife and an iron rod, thereby caused severe injuries. Hence, a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the occurrence took place on 25.12.2025, due to a family dispute, the case has been registered against the petitioner and that the injured has been discharged from the hospital. He further submitted that the co-accused has already been released on bail by this Court in Crl.OP.No.545 of 2026 dated 12.01.2026. 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 petitioner has one previous case in Crime No.807 of 2024 involving offences under the Arms Act. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given my anxious consideration to either side submissions.

6. Considering the facts and circumstances of the case, though the petitioner has one previous case, and taking note of the fact that the co-accused was granted anticipatory bail on 12.01.2026 in Crl.O.P.No.545 of 2026, by this Court, in order to maintain parity with the earlier Crl.O.P. order, 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 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, Vanur, Villupuram District, 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.

10-04-2026 DRL To 1.The District Munsif cum Judicial Magistrate, Vanur, Villupuram District.

2.The Inspector of Police, Kottakuppam Police station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 10-04-2026\