Kalai Babu v. P. Saravanan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 14.05.2026
CORAM:
THE HON'BLE MR.JUSTICE P. DHANABAL
1. Kalai Babu S/o.Kabali, No.35 B Block, Saiva Muthaiya 6th Street, Royapettah, Chennai-6000I4.
2. P Saravanan, S/o.Parthasarathy No 15 , Rama Rao Garden , 1st Street , Royapettah , Chennai-600014.
..Petitioner(s)/Accused Vs State rep. by:- Inspector Of Police, E-2, Royapettah Police Station, Chennai-600014. (Crime No.0081/2026) ..Respondent/Complainant To enlarge the petitioners on bail in the event of arrest by the respondent police pending investigation in Crime No.0081 of 2026 on the file of E-2 Royapettah Police Station, Chennai-600014 or appear in court in the above case and thus render justice.
For Petitioner(s):
M/s.A. Arunkumar A.Arun Kumar G. Elamaran For Respondent(s):
Mr.A.Gopinath, Govt. Advocate (Crl.Side) 1/6
ORDER
The petitioners / Accused, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 329(4) and 351(3) of B.N.S. Act read with Section 4 of T.N. Prohibition of Harassment of Women (Amendment) Act, 2002 in connection with the case in Crime No.0081 of 2026, seek anticipatory bail.
2. The case of the prosecution is that on 23.04.2026, the petitioners, who are members of TVK and AIADMK Party, along with certain other members, had tore and burned the documents on the table set up by the de-facto complainant, who is a member of DMK Party, in view of the assembly election and later on, unlawfully climbed to the first floor of the de-facto complainant's house and attacked the persons available in the house, apart from threatening that they would kill the defacto complainant and his mother, leading to the registration of FIR. Hence the case.
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3. Learned counsel for the petitioners would contend that the petitioners are innocent; that they have been falsely implicated, only due to the election dispute; that the injured was discharged from hospital; that the co-accused was released on bail and hence prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that the coaccused was released on bail and the injured was discharged from hospital and the petitioners have no previous case.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. Considering the rival submissions made by the learned counsel appearing on either side, nature of offences, the fact that the petitioners have no previous case and they have been implicated only due to election dispute and the co-accused was released on bail and the injured was 3/6
discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioners on certain 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 of receipt of a copy of this order, before the learned XVIII Metropolitan Magistrate, Saidapet on condition that the petitioners 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 petitioners 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 petitioners 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. 4/6
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[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.
14-05-2026 Index: Yes/No Speaking/Non-speaking order AY Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
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P. DHANABAL. J., AY
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 XVIII Metropolitan Magistrate, Saidapet, 2.The Public Prosecutor, High Court, Madras.
3.The Inspector Of Police, E-2, Royapettah Police Station, Chennai-600014.
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