Raja v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Raja S/o.Gurunadhan ..Petitioner(s) Vs The State Rep by its The Inspector of Police, Elachipalayam Police Station, Namakkal District.

Crime No. 41 / 2026.

..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of BNSS, 2023, seeking to enlarge the petitioner on bail in the event of his arrest in Cr. No.41 of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.Camyles Gandhi W For Respondent(s):

Mr.A.Gopinath, 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), 351(3) and 324(4) of BNS, 2023, (294(b), 324, 506(ii) and 427 of IPC) in Crime No.41 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant and the

petitioner are brothers. Due to a dispute over leasing fishing rights, they entered into a quarrel, as a result of which, the petitioner attacked the defacto complainant with a wooden log, due to which, the complainant sustained injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he was not committed any offence as alleged by the prosecution and he had been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner. He further submitted that the petitioner is ready and willing to furnish substantial sureties for his due release and to abide by any conditions that may be imposed by this Hon'ble Court and therefore, he prayed to grant anticipatory bail to the petitioner. 4.

The learned Government Advocate (Criminal Side) appearing for the respondent police opposed for granting anticipatory bail to the petitioner by stating that the complainant sustained injuries and got discharged from the hospital and investigation is at initial stage. He submits that there is one previous case as against the petitioner.

5.

Heard the learned counsel on either side and perused the materials available on record.

6.

Considering the representations made on both sides and considering the nature of the offence and the relationship between the parties and though there is one previous case pending as against the petitioner, he was released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain 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 of receipt of a copy of this order, before the Judicial Magistrate, Tiruchengode, 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, 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 on every Saturday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation; [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] the petitioner shall not leave India without the prior permission of the Court.

[f] 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]; [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S. 2023.

14-05-2026 Index: Yes/No Speaking/Non-speaking order ssa

To

1. The Inspector of Police, Elachipalayam Police Station, Namakkal District.

Crime No. 41 / 2026.

2. The Judicial Magistrate, Tiruchengode.

3. The Public Prosecutor, High Court, Madras.

P.DHANABAL, J.

ssa 14-05-2026