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Madras High CourtCRL OP/9730/2026granted

Karthi v. The State Rep By, The Sub-Inspector Of Police

2026-04-20Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 9730 of 2026 Karthi S/o.Jayaraman, No -178, Phase-1, Malaiyadivaram, Indhra Nagar, Sathuvachari Vellore - 632009.

...Petitioner/Accused

Vs The State Rep By, The Sub-Inspector of Police, Sathuvachari Police Station, Vellore District.

(Crime.No. 53 of 2026)

...Respondent/

Complainant Prayer : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police concerned in Crime No.53 of 2026, on the file of the Respondent Police.

For Petitioner :

Mr.Kasirajan S For Respondent :

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

ORDER

The petitioner, who apprehends arrest for the alleged offences under Sections 118(1), 296(b), 324(4) and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.53 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner abused the de-facto complainant's husband in filthy language and attacked him with dangerous weapons. Due to this, the de-facto complainant's husband sustained injuries and was admitted to the hospital. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any such offence as alleged by the de-facto complainant, and he has been falsely implicated in this case. He also submitted that the alleged occurrence took place on 17.03.2026. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and the petitioner is ready to cooperate with the 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's case and, upon instructions,

submitted that the injured was discharged from the hospital within two days; and that no previous cases have been registered against the petitioner. However, he strongly opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent.

6. The learned counsel for the petitioner would submit that the occurrence took place on 17.03.2026. The allegation against the petitioner is that the de-facto complainant's husband had a relationship with the petitioner's friend and in this connection, there was a contestation and amplification between the petitioner and the de-facto complainant. In furtherance, the de-facto complainant's husband sustained some injury and was discharged from the hospital within two days.

7. Considering the factum of discharge of the de-facto complainant's husband and upon the factum that the petitioner has no bad antecedents, at this length of time, the custodial interrogation of the petitioner is not required as the FIR came to be registered on 17.03.2026. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions:

8. Accordingly, the petitioner is ordered to be released on anticipatory 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 - V, Vellore, 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 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, twice a day at 10.30 a.m., and 5.30 p.m., for a period of fifteen (15) days and thereafter, as and when required for the 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 dk To

1. The Judicial Magistrate - V, Vellore.

2. The Sub-Inspector of Police, Sathuvachari Police Station, Vellore District.

3. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

dk CRL OP No. 9730 of 2026 20-04-2026