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Madras High CourtCRL OP/10928/2026granted

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

2026-04-29Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Ganesan ..Petitioner Vs State Rep. by The Inspector of Police, Tharamangalam Police Station, Salem District.

(Crime No.225 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 his arrest by the respondent police, pending investigation of the case in Crime No.225 of 2026 on the file of the Respondent. For Petitioner:

Mr.M.Vijaya Ragavan 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 296(b), 118(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (Old Corresponding Sections 294(b), 324 and 506(ii) of Indian Penal Code, 1860) in Crime No.225 of 2026 on the file of the respondent Police, seeks anticipatory bail.

2. The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged and has been falsely implicated in this case. He further submits that the petitioner is ready and willing to furnish substantial sureties for his release and will abide by any conditions imposed by this Court; therefore, he prays for the grant of anticipatory bail to the petitioner

3. The case for 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 a temple dispute, the petitioner attacked the defacto complainant with a deadly weapon and caused injuries. He further submits that the injured person has been discharged from hospital and that there is no previous case 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, Omalur, Salem District 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 every day 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.

29-04-2026 NSL To

1. The Inspector of Police, Tharamangalam Police Station, Salem District.

2. The Public Prosecutor High Court of Madras.

3. The Judicial Magistrate, Omalur, Salem District.

A.D.JAGADISH CHANDIRA, J.

NSL 29-04-2026