P. Prabakaran v. The State Rep By Its, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2026
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN P.Prabakaran
...Petitioner
Vs.
State represented by its, The Inspector of Police, Orathur Police Station, Cuddalore District.
Crime No.28 of 2026.
...Respondent
Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest in Crime No.28 of 2026, pending investigation on the file of the respondent police.
For Petitioner : Mr.G.D.Sendillveal For Respondent : Mr.P.Dhileepan Government Advocate (Criminal Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), Page No.1 of 6
115(1), 118(1), 351(3) & 74 of BNS in Crime No.28 of 2026 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to a money dispute, the petitioner and other accused persons abused the de facto complainant and assaulted him, causing injuries. Hence the case.
3. Learned counsel for the petitioner submitted that the petitioner is innocent and a false complaint has been lodged against him and that, the de facto complainant was the aggressor who assaulted the petitioner, causing him to sustain grievous head injuries that required 10 days of hospitalization. He further submitted that it is a case of case and counter case and that based on the complaint given by the petitioner, an FIR was registered against the de facto complainant and others in Crime No.29 of 2026. Hence, he prayed for the grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for the grant of anticipatory bail to the petitioner. He further submitted that the injured has been discharged from the hospital and that this is the second anticipatory bail petition filed by the petitioner/A1 and this Court, vide Page No.2 of 6
order dated 09.04.2026 made in Crl.O.P.No.8962 of 2026 dismissed the earlier bail petition filed by the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the above facts and circumstances of the case and the nature of the allegation and further taking note of the fact that it is a case of case and counter case and that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Chidambaram, Cuddalore District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum, to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
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[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] 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;
[c] the petitioner shall not abscond during during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
30.04.2026 skt Page No.4 of 6
To:
1. The Judicial Magistrate-II, Chidambaram, Cuddalore District.
2. The Inspector of Police, Orathur Police Station, Cuddalore District.
3. The Public Prosecutor, High Court, Madras.
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G.K.ILANTHIRAIYAN, J.
skt 30.04.2026 Page No.6 of 6