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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Rajkumar ..Petitioner Vs The State Rep by, The Inspector of Police, Ambattur Police station, Chennai District .

Crime No.128/2026.

..Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on Anticipatory bail in the event of his arrest in Crime No.128 of 2026 pending on the file of the respondent police.

For Petitioner:

Mr.C.R. Gokulvisvas For Respondent:

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

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 308(3) and 351(2) of BNS Act, 294(b), 386 and 503 of IPC in Crime No.128 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has illegally taken possession of the house of the de facto complainant's father and threatened him to execute the sale deed in his favour. Hence, this case.

3. The learned counsel for the petitioner submitted that the petitioner was innocent and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. 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 co-accused has already been released on anticipatory bail on 09.04.2026 in Crl.OP.No.9023 of 2026 and there are no serious injury to anyone. 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.

6. Considering the facts and circumstances of the case, it is seen that there are no serious injury to anyone and also upon the fact that the co-accused has already been released on bail, this Court is inclined to give parity to the

petitioner as that of the co-accused. Hence, this Court is inclined to enlarge the petitioner on 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 Judicial Magistrate, Ambattur, 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, everyday 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.

20-04-2026 SHL To:

1. The Judicial Magistrate, Ambattur

2. The Inspector of Police, Ambattur Police station, Chennai District.

3. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 20-04-2026