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Madras High CourtCRL OP/12378/2026granted

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

2026-05-13Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Sakthivel S/o. Arjunan, 2/156, Devendra Street.

Semmandapatty.

Kalkattanur post, Namakkal District 627 505.

2. Senthil @ Senthil Raja S/o. Raja. (as per FIR S/o Arjunan).

2/158. Devendra Street, Kannanpalayam, Semmandapatty.

Kalkattanur post, Namakkal District - 627 505.

3. Raja S/o.Sidhan, 2/158, Devendra Street, Kannanpalayam, Semmandapatty, Kalkattanur post, Namakkal District - 627 505.

4. Chandru @ Gowtham S/o.Ilaiyaraja, 32, Rangasamy Naidu Street, Pannapalayam, Tiruppur - 641 664.

..Petitioner(s)

Vs State rep. By The Inspector of Police, Vennandur Police Station.

Namakkal District.

(Crime No. 82 of 2026) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of B.N.S.S., 2023, to enlarge the petitioners on bail, in the event of their arrest in Crime No. 82/2026 on the file of the Inspector of Police, Vennandur Police Station, Namakkal district and thus render justice.

For Petitioner(s):

Mr. B. Vasudevan For Respondent(s):

Mr.S.Balaji, Government Advocate (Crl.Side)

O R D E R

The petitioners / accused, who apprehend arrest in the hands of the respondent police for the offence punishable under Sections 296(b), 115(2), 118(1), 351(3) and 74 of the BNS, 2023 in connection with the Crime No.82 of 2026, seek anticipatory bail.

2. The case of the prosecution is that on 26.04.2026 at about 9.00 a.m., due to prior enmity, the petitioner abused the defacto complainant in filthy language, assaulted him and attacked him with a wooden log causing injuries. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that Petitioner has no previous cases. He further submitted that the injured has been discharged from the hospital. He also submitted that it is a case and counter case. However, he vehemently opposed to grant anticipatory bail to the Petitioner.

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

6. Considering the rival submissions made on either side and the nature of offences and taking into account the fact that the injured has been discharged from the hospital, that it is a case and counter case and that the petitioner has no previous cases, this Court is 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 Judicial Magistrate, Rasipuram, Namakkal District 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 on every Saturday at 10.00 a.m for a period of four weeks and thereafter as and when required for interrogation.

[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 her from disclosing such facts to the Court or to any police officer; [c] the petitioner shall not leave India without the prior 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 abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

13-05-2026 AT

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.

P.DHANABAL, J.

AT To 1.The Judicial Magistrate, Rasipuram, Namakkal District. 2.The Inspector of Police, Vennandur Police Station.

Namakkal District.

13-05-2026