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Madras High CourtCRL OP/11004/2026granted

Prabhakaran v. State Rep. By The Inspector Of Police

2026-05-06Honourable Mrs.Justice L.Victoria Gowri7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Prabhakaran S/o. Radhakrishnan, No.187/5-120, Chinnakollapatti, Yercaud Main Road, Parapatti Mannarpalayam, Salem District.

..Petitioner(s) Vs State rep. by The Inspector of Police KANNANKURUCHI Police Station, Salem District (Crime No. 88 of 2026) ..Respondent(s) PRAYER: Criminal Original Petition is filed under Section 482 of BNSS Act, 2023 to enlarge the Petitioner on bail in the event of his arrest in Crime No.88 of 2026, pending on the file of the respondent and thus render justice. For Petitioner(s):

Mr.W.Camyles Gandhi For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1) & 351(3) of BNS [294(b), 323, 324 & 506(ii)of IPC], in Crime No.88 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 is said to have abused the defacto complainant and also assaulted him with knife thereby causing grievous injuries to him. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. It is submitted that the petitioner is ready to cooperate with the investigation and he will appear before the respondent police as and when required and he is ready to abide by any condition imposed by this Court. Hence, he prayed for granting anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner is ranked as A3 and this is the second petition of the petitioner and the first petition has been dismissed on 09.04.2026. There are two previous cases pending against him. He further submitted that the petitioner has assaulted the defacto complainant with knife and caused grievous injuries. Now, the injured has been discharged from the hospital. However, he prays for dismissal of the anticipatory bail petition to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the nature of allegation and the fact that the injured has

been discharged from the hospital and the petitioner is ready to abide by any condition imposed by this Court, this Court is inclined to grant 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, 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 learned Judicial Magistrate -IV, Salem, within a period of fifteen days from the date on which the order made ready and on further conditions that:

[a]the petitioner shall deposit a sum of Rs.10,000/-(Rupees Ten Thousand only), to the credit of Tamil Nadu Advocate Clerks Association, Account No.484026006, Indian Bank, High Court, IFSC.No: IDIB000M157 and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond to ensure their identity; b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [c]the petitioner shall report and sign before the jurisdictional Police Station daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required.

[d]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[e]the petitioner shall not abscond either during investigation or trial. [f]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 is 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].

[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

06-05-2026 Note :

1.Registry is directed to forthwith upload this order in the official website of this Court.

2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

GV

To

1. The Judicial Magistrate -IV, Salem,

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

3. The Public Prosecutor, High Court, Madras.

Chennai.

L.VICTORIA GOWRI, J.

GV 06-05-2026