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Madras High CourtCRL OP/9542/2026granted

Madhu v. The State Rep.By, The Inspector Of Police,

2026-04-17Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Madhu S/o. Supramaniyan, D.No.1078, Mel Street, Kalakkampadi, Koilputhur, Mannur Post, Attur Taluk, Salem District.

..Petitioner(s) Vs The State Rep.by, The Inspector of Police, Kariyakoil Police Station Salem District.

(Cr.No.14/ 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. 14 of 2026 on the file of Kariyakoil Police Station, Salem and pass such other or further orders.

For Petitioner(s):

Mr. T.Ganesan For Respondent(s):

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

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 329(2), 75, 133 and 351(2) of BNS, in Crime No.14 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that he had unauthorisedly entered into the residence of the defacto complainant and attempted to misbehave with her. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the occurrence took place on 12.03.2026, whereas the FIR came to be registered on 18.03.2026, indicating a delay of six days, and that no injury has been caused to any person. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that though there is a delay of 6 days in registering the FIR, the allegation against the petitioner is serious in nature. Hence, 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. While looking into the FIR, this Court is able to visualise some political angle. Taking into consideration the delay in registration of the FIR

and the further fact that, at this length of time, no custodial interrogation of the petitioner is required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

9. 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 Judicial Magistrate No.I, Attur, 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 a.m for a period of 30 days 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.

17-04-2026 DRL To 1.The Judicial Magistrate No.I, Attur.

2.The Inspector of Police, Kariyakoil Police Station Salem District.

(Cr.No.14/ 2026).

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 17-04-2026