Akash Kumar v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Akash kumar S/o.Suresh, NO.134/159 Mangammal street Tondiarpet, Chennai -600081 ..Petitioner(s) Vs State rep by The Inspector of Police H-5 new Washermenpet police station Chennai.

(Crime No, 103 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge on anticipatory bail in the event of the petitioners arrest by the respondent Police H-5 New Washermenpet Police Station Crime No.103 of 2026 in the interest of justice and thus render justice. For Petitioner(s):

Mr. RAJ. S For Respondent(s):

MR.P.DHILEEPAN, GOVT.ADVOCATE (CRL SIDE)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 191(2), 191(3), 140(1), 296(b), 109(1), 351(3) of BNS, in Crime No.103 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the defacto complainant and a relative of A1 were in a relationship, which was objected by the petitioner. In this connection, an altercation arose, during which the petitioner assaulted the defacto complainant with knife. 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 co-accused have already been enlarged on bail by the learned Sessions Court and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought anticipatory bail for the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally seven accused and that the petitioner is ranked as A7. He further submitted that the injured was discharged from the hospital on 18.03.2026. He further submitted that the only overt act against the petitioner is that he caught hold of the defacto complainant and that there are no previous cases pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

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

6. Considering the totality of the circumstances of the case and the fact that the injured was discharged from the hospital, the co-accused have already been enlarged on bail, this Court is of the firm view that the 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 Metropolitan Magistrate No.XV, George Town, Chennai, 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 stay at Madurai and report before E-5, Mattuthavani Police Station, daily 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.

15-04-2026 DRL To 1.The XV Metropolitan Magistrate, George Town, Chennai.

2.The Public Prosecutor, High Court, Madras.

3. The Inspector of Police H-5 new Washermenpet police station Chennai.

(Crime No, 103 of 2026)

C.KUMARAPPAN, J.

DRL 15-04-2026