Ashwin v. The State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Ashwin

2. Rajive @ Raaju ..Petitioner(s) Vs The State rep.by, Station House Officer, P-1 Tittakudi Police Station, Cuddalore District.

Cr.No.137 of 2024.

..Respondent(s) Prayer: The criminal original petition is filed under Section 482 of BNSS Act, praying to enlarge the petitioner's on bail in the event of their arrest by the respondent police in PRC No.16 of 2024 (on the file of Judicial Magistrate, Tittakudi) in Crime.No.137 of 2024 on the file of the respondent. For Petitioner(s):

Mr.Senthil Kumar For Respondent(s):

Mr.S.Balaji Government Advocate (Crl.side)

ORDER

The petitioners, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 120(B), 147, 148, 341, 326, 307, 506(ii) r/w 34 of IPC in connection with the Crime No.137 of 2024, seek anticipatory bail.

2. The case of the prosecution is that there was a dispute and the petitioners along with another person had attacked the victim due to sudden provocation. Hence the case.

3. The learned counsel for the petitioners would contend that the petitioners are innocent persons and that they have not committed any offence as alleged by the prosecution in this case. He would further submit that the petitioners were not present in the place of occurrence at that time. He would submit that this is the second anticipatory bail application of the petitioners before this Court and that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, the petitioners may be released on anticipatory bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that there are several pending cases against the accused persons and the injured has been discharged from the hospital. Hence, he opposed the grant of anticipatory bail to the petitioners.

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

6. Considering the rival submissions on either side, the nature of the offences, that the petitioner is not a named accused in the FIR and the fact that

the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Harur on condition that the petitioners shall execute a separate bond each 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 petitioners shall report before the Jurisdictional Magistrate daily at 10.00 a.m. until further orders;

[b] the petitioners 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 him from disclosing such facts to the Court or to any police officer; [c] the petitioners shall not leave India without the previous permission of the Court;

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

14-05-2026 Index: Yes/No Speaking/Non-speaking order mka/sha 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.The Judicial Magistrate, Harur 2.Station House Officer, P-1 Tittakudi Police Station, Cuddalore District.

3.The Public Prosecutor, Madras High Court, Chennai.

P.DHANABAL, J.

mka/sha CRL OP No. 13020 of 2026 14-05-2026