Sanjay v. The State Rep. By Its The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL Sanjay S/o.Chandirasekaran, No. 168A, Krishnampatti, Pudumanani Melpatti, Gudiyatham.
Vellore District.
..Petitioner(s)/Accused Vs The State Rep. by its The Inspector of Police Melpatti Police Station, Vellore District.
(Crime No.46 of 2026) ..Respondent(s)/ Complainant PRAYER :- The Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, pleased to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police pending investigation in Crime No. 46/2026 on the file of the respondent. For Petitioner(s):
Mr.V.Vijaya Kumar For Respondent(s):
Mr.S.Balaji Government Advocate (Criminal side)
ORDER
This Criminal Original Petition has been filed by the petitioner under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
2.The petitioner / Accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 115 (2), 118 (1), 296 (b), 351 (3) of the Bharatiya Nyaya Sanhita, 2023 in Crime No.46 of 2026 on the file of the respondent police. 3.The case of the prosecution is that on 08.05.2026, the respondent Police received a complaint from one Yogeshwari, residing at Melpatti, Gudiyatham, Vellore District. It is alleged in the complaint that the defacto-complainant's husband and his friends were consuming alcohol at the cricket ground, at that juncture, the petitioner picked up a quarrel, abused them in filthy language and brutally attacked the defcto-complainant's husband, who was then taken to hospital for treatment. Hence, the case.
4.The learned counsel for the petitioner submitted that the petitioner is innocent person and has been falsely implicated in this case with a malafide intention and ulterior motive. He further submitted that the injured has already been discharged from the hospital. Therefore, he prayed to grant an order of pre-arrest bail to the petitioner.
5.The learned Government Advocate (Criminal side) appearing for the respondent opposed the grant of anticipatory bail to the petitioner considering the nature of the allegations involving physical assault. He submitted that
injured admitted to hospital on 07.05.2026 and however, confirmed that the injured has been discharged from the hospital on 19.05.2026. He further submitted that one previous case is pending against the petitioner. 6.Heard on both sides. This Court has perused the records. 7.The case of the prosecution is that the petitioner attacked the defacto complainant's husband, abused with filthy language, and caused injuries. The learned counsel appearing for the petitioner submitted that the petitioner is innocent, the injured is discharged from hospital, and one previous case is pending against the petitioner.
8.Considering the above facts and circumstances of the case, the nature of offence, and the fact that the injured has been discharged from the hospital, this court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions.
i)The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Gudiyathum, Vellore District, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each
for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate, Gudiyathum, Vellore District. (ii)The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;
(iii)The petitioner shall appear and sign before the respondent police, daily morning at 10.00 a.m. and evening at 5.00 p.m. until further orders; (iv)The petitioner shall make himself available for interrogation by police as and when required;
(v)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; (vi) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate.
(vii)On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are
imposed by themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) 13 SCC 283]. 9.Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
21-05-2026 ep Note:
1. Registry is directed to forthwith upload this order on the Official Website of this Court.
2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code.
R.SAKTHIVEL, J.
EP To 1.The Judicial Magistrate, Gudiyathum, Vellore District. 2.The Inspector of Police Melpatti Police Station, Vellore District.
3.The Public Prosecutor High Court of Madras.
21-05-2026