Aswin Kumar v. The State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL Aswin Kumar ..Petitioner(s) Vs The State Rep. by The Inspector of Police E-3 Teynampet Police Station, Chennai District.
Crime No. 122/2026.
..Respondent(s) To enlarge the petitioner on anticipatory bail in the event of arrest Crime No. 122 of 2026 by the respondent police and thus render justice. For Petitioner(s):
Mr.A.Esakipandy For Respondent(s):
Mr.A.Gopinath Government Advocate (Crl. side)
ORDER
The petitioner / accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 126(2), 127, 296(b), 309(4) and 351(3) of BNS Act, 2023 on the file of respondent, seeks anticipatory bail.
2. The case of the prosecution is that on 19.04.2026 at about 22:30 Hrs, the petitioner along with four other accused came to the defacto complainant at Nallan Street and demanded money. When refused, they threatened the defacto
complainant at knife point, abused him in filthy language, and robbed Rs.60,300/- via GPay from the complainant. Based on the complaint, the respondent police registered a case against the petitioner and other accused. Hence, the case.
3. The learned counsel appearing for the petitioner would submit that money was transferred from the account of mother of the 1st accused and no money was transferred to the petitioner. He would further submit that a false case has been foisted against him. Thus, he prays to grant anticipatory bail to the petitioner.
4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases are pending against the petitioner and that four accused persons were arrested and released on bail. Thus, seeks for dismissal of this petition.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made on either side, considering the nature of offences charged against the petitioner, considering the fact that money was not transferred to the account of this petitioner, and that there is no
previous cases pending against this petitioner, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:
7. 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 made ready, before the learned XVIII Metropolitan Magistrate, Saidapet, Chennai 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 Magistrate concerned and on further condition that:
[a] the petitioner shall report before the respondent police every Saturday at 10 a.m., until further orders;
[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; [c] the petitioner shall not leave India without the previous permission of the Court;
[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 B.N.S.2023.
13-05-2026 Index: Yes/No Speaking/Non-speaking order GD 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 the official website of this Court will be watermarked and will also have a QR code.
To 1.XVIII Metropolitan Magistrate, Saidapet, Chennai 2.The Inspector of Police E-3 Teynampet Police Station, Chennai District.
3.The Public Prosecutor, Madras High Court, Chennai.
P.DHANABAL, J.
GD 13-05-2026