R.Sanjay Kumar v. State Rep. By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL R.Sanjay Kumar S/o Rajkumar No.36. Jothiammal Nagar, 2nd Street, Shenoy Nagar, Chennai-30 ..Petitioner/Accused Vs State Rep. By Inspector of Police K-6 TP Chathiram Police Station, Chennai.
(Crime No. 152 of 2026) ..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner on anticipatory bail in the event of arrest by the respondent police pending in Crime No. 152 of 2026 on the file of the respondent police. For Petitioner(s):
Mr.M. Sarathkumar For Respondent(s):
Mr.S.Balaji Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on 18.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 296(b), 115(2), 118(2), 351(3) of BNS read with 25(1-A) of Arms Act, in Crime No.152 of 2026, on the file of the respondent-police.
3. The case of the prosecution is that on 15.04.2026 at about 4 p.m., the petitioner along with other accused was chasing one Rithik to retaliate for the death of one Pulkan. At that time, they saw the defacto complainant sitting on 27th street. Since the defacto complainant is a friend of the said Rithik, the accused attacked the defacto complainant and attempted to assault him with a long knife. The defacto complainant escaped with a minor shoulder injury. Hence, the case.
4. Mr.Sarathkumar, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated in this case. He, however, submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Accordingly, he prays
to grant an order of pre-arrest bail to the petitioner.
5. Per contra, Mr.S.Balaji, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that due to previous enmity, the petitioner along with other accused attempted to assault the defacto complainant with a long knife in which, the defacto complainant escaped with a minor shoulder injury.
6. Heard on both sides. This Court has perused the materials available on record.
7. Considering the nature of the offences; the nature of injury suffered by defacto complainant; and also considering the fact that the petitioner has permanent residence and deep roots in society; there is less possibility of absconding; and with a view to give one more opportunity to reform himself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, prearrest bail is granted 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 II Metropolitan Magistrate, Egmore, Chennai, 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.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned II Metropolitan Magistrate, Egmore, Chennai. (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 II Metropolitan Magistrate, Egmore, Chennai, shall obtain a copy of any one of their identity proofs to ensure their identity.
(iii) The petitioner shall appear and sign before the respondent Police, every Monday and Friday at 10.00 a.m., until further orders; (iv) The petitioner shall make himself available for interrogation by a police officer 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 or tamper with the evidence.
(vi) The petitioner shall not enter into the victim's house or his place; (vii) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (viii) The petitioner shall not leave India without the previous permission of the Court.
(ix) The petitioner shall furnish his residential address and mobile number to the learned II Metropolitan Magistrate, Egmore, Chennai. (x) On breach of any of the aforementioned conditions, the learned II Metropolitan Magistrate, Egmore, Chennai, or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
21-05-2026 Index: Yes/No Speaking/Non-speaking order KSA-2
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 official website of this Court will be watermarked and will also have a QR code.
To
1. The II Metropolitan Magistrate, Egmore, Chennai
2. The Inspector of Police K-6 TP Chathiram Police Station, Chennai 3.The Public Prosecutor, High Court, Madras.
R.SAKTHIVEL, J.
KSA-2 21-05-2026