M Ajithkumar v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-04-2026
CORAM
THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA M.AjithKumar ..Petitioner Vs The State rep by, The Inspector of Police, Annathanampatty Police Station, Salem District.
(Crime No.162 of 2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.162 of 2026 on the file of the Respondent. For Petitioner:
Mr.C.Deepakkumar For Respondent:
Mr.P.Dhileepan Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 115(2), 118(1), 351(3) of Bharatiya Nyaya Sanhita, 2023 in Crime No.162 of 2026 on the file of the respondent Police, seeks anticipatory bail.
2.The learned counsel for the petitioner, pleading the innocence of the petitioner and alleging false implication in the case, seeks the indulgence of this Court. He submits that originally, it was the defacto complainant who consumed
alcohol and entered into a wordy quarrel with the petitioner, a fact which the defacto complainant admitted in his complaint statement. He further submits that the injured person has been discharged from the hospital and that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for the grant of anticipatory bail to the petitioner.
3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police while opposing the grant of anticipatory bail is that due to previous enmity between the petitioner and the defacto complainant, the petitioner, along with other accused, allegedly abused the defacto complainant in filthy language, attacked him with stones and a knife and threatened him with dire consequences. Consequently, the defacto complainant sustained injuries and was later discharged from the hospital. The learned Government Advocate (Criminal Side) further submits that A2 is still in custody and that there are no previous cases pending against the petitioner.
4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials available on record.
5. Taking note of the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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 is made ready, before the learned Judicial Magistrate - IV, Salem, on condition that the petitioner executes a separate 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 conditions that:
[a] 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 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., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.
28-04-2026 NSL To
1. The Inspector of Police, Annathanampatty Police Station, Salem District.
2. The Public Prosecutor High Court of Madras.
3. The Judicial Magistrate IV, Salem.
A.D.JAGADISH CHANDIRA, J.
NSL 28-04-2026