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Madras High CourtCRL OP/11605/2026granted

Thamarai Selvan v. State Rep. By, The Inspector Of Police,

2026-05-07Honourable Mrs.Justice L.Victoria Gowri4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Thamarai Selvan ..Petitioner(s) Vs State rep. by, The Inspector of Police, Velagoundampatti Police Station, Namakkal District (Crime No.54 of 2026) ..Respondent(s) Prayer:- Criminal Original Petition filed under Section 482 of BNSS Act, pleased to enlarge the Petitioner on bail in the event of his arrest in Crime No. Not known of 2026, pending on the file of the respondent. For Petitioner(s):

M/s.W.Camyles Gandhi For Respondent(s):

Mr.A.Gopinath Government Advocate (Criminal side)

ORDER

The petitioner, apprehends arrest for the alleged offences under Sections 296 (b), 118 (1) & 351 (3) of BNS, 2023, in Crime No.54 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on the date of occurrence, the petitioner assaulted and threatened the defacto-complainant with dire consequences and caused simple injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any such offence as alleged by the prosecution. He would also submit that he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that injured discharged from hospital. He further submitted that petitioner has no bad antecedents. However, he opposed for grant of anticipatory bail to the petitioner.

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

6. Considering the voluntary submission made by the learned counsel for the petitioner, the petitioner is directed to deposit a sum of Rs.5,000/-(Rupees Five Thousand only) (Non refundable) towards the account of CANCER INSTITUTE (WIA), Adayar, Savings Bank Account maintained at Andhra Bank, Madhya Kailash Branch, Cancer Institute(WIA), Dr.S.Krishnamurthi Campus, Sardar Patel Road, Chennai-36, bearing SB Account No.149710011005477, IFS Code No.ANDB0001497, Branch Name and Code

1497, MICR No.600011049 and to produce the Bank Challan before the concerned Magistrate and the receipt shall be produced at the time of executing the bond;

7. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, this Court is of the firm view that custodial interrogation of the petitioner is not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Namakkal, 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 and on further condition that: [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;

L.VICTORIA GOWRI, J.

[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for further interrogation; [c] the petitioner shall not abscond either 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.

07-05-2026 ep To 1.The Judicial Magistrate I, Namakkal.

2.The Inspector of Police, Velagoundampatti Police Station, Namakkal District 3.The Public Prosecutor High Court of Madras.