← Library
Madras High CourtCRL OP/11701/2026granted

Mari v. State, Represented By The Inspector Of Police

2026-05-07Honourable Mrs.Justice L.Victoria Gowri5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI N.Mari ..Petitioner Vs State, represented by The Inspector of Police, Kelambakkam Police Station, Chengalpattu District.

..Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., 2023, to enlarge the petitioner on bail in the event of his arrest concerned in Crime No.Not known of 2026, on the file of the Inspector of Police, Kelambakkam Police Station, Chengalpattu District.

For Petitioner(s):

Mr.N.Vijaya Basker For Respondent(s):

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

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(1), 351(2) of BNS. Bharatiya Nyaya Sanhita'2023 (Old Sections 294(b), 324, 506(ii) of I.P.C), in Crime No.Not known of 2026 on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that on 29.03.2026, at 01.30p.m., while the de-facto complainant was taking lunch, a wordy quarrel arose between the de-facto complainant and the accused, which subsequently resulted in a physcial altercation. During the course of the occurrence, the accused allegedly assaulted the de-facto complainant with a brick stone, causing fracture on his teeth, and also criminally intimidated him with dire consequences. Due to the said assault, the de-facto complainant sustained grievous injuries and was admitted to the hospital for treatment. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent, while opposing the grant of anticipatory bail, reiterated the prosecution case and, on instructions, submitted that the injured has been discharged from the hospital.

5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defence and contention, is ready and willing to deposit of Rs.5,000/- to any charity. Hence, he prays for grant of anticipatory bail to the petitioner.

6. Heard both sides and perused the materials available on record. 7.Considering the facts and circumstances of the case, the submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 8.Accordingly, the petitioner is ordered to be released on anticipatory bail on his executing 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 District Munsif cum Judicial Magistrate Court, Thiruporur District, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] The petitioner shall 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 District Munsif Cum Judicial Magistrate Court, Thiruporur District and the receipt shall be produced at the time of executing the bond; [c] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks; thereafter as and when required for interrogation;

[d] the petitioner shall make himself available for interrogation by a Police Officer as and when required;

[e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [f] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

07-05-2026 nvi To

1. The District Munsif Cum Judicial Magistrate Court, Thiruporur District.

2. The Inspector of Police, Kelambakkam Police Station, Chengalpattu District.

3. The Public Prosecutor, High Court of Madras.

L.VICTORIA GOWRI, J.

nvi 07-05-2026