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Madras High CourtCRL OP/13206/2026granted

A Irudhayaraj v. The State Rep By, The Inspector Of Police

2026-05-21Honourable Mr.Justice R.Sakthivel7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2026

CORAM:

THE HON'BLE MR.JUSTICE R.SAKTHIVEL

1. A.Irudhayaraj S/o.Andrew

2. Arokkiyaraj.C S/o.Charles ... Petitioners/Accused Rank not known Vs.

The State rep. by The Inspector of Police, P2, Otteri Police Station, Chennai.

Crime No. Not known of 2026

...Respondent/

Complainant PRAYER :- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioners in Crime No.Not known of 2026 on the file of the respondent police. For Petitioners :

Mr.V.M.Venkatramana Advocate For Respondent :

Mr.A.Gopinath Government Advocate (Criminal Side) Page No.1 of 7

ORDER

This Criminal Original Petition has been filed by the petitioners on 15.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioners / Accused, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 126(2), 115(2), 296(b), 351(3) of Bharatiya Nyaya Sanhita, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.Not known of 2026 on the file of the respondent police.

3. The case of the prosecution is that the petitioners along with others allegedly restrained the public on the road, abused them in filthy language, caused simple injuries and allegedly harassed a woman. Hence, the case.

4. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that no previous case is pending against the petitioners. Therefore, he prayed to grant an order of pre-arrest bail to the petitioners. Page No.2 of 7

5. Mr.A.Gopinath, learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners along with others restrained the public on the road and abused them in filthy language and caused simple injuries and allegedly harassed a woman. The injured person was taken treatment as in-patient and subsequently discharged.

6. Heard on both sides. This Court has perused the records.

7. The case of the prosecution is that the petitioners allegedly restrained the public on the road, abused them in filthy language, caused simple injuries and allegedly harassed a woman. This Court was informed that the injured person was admitted in a hospital for treatment as in-patient for the injuries and subsequently discharged from the hospital.

8. Considering the above facts and circumstances of the case, the nature of the offence alleged to have committed by the petitioners and also considering the fact that the injured person was discharged from the hospital, this court is inclined to grant an order of pre-arrest bail to the petitioners subject to the following conditions.

(i) The petitioners shall be released on bail in the event of their arrest or Page No.3 of 7

in the event of their surrender before the learned X Metropolitan Magistrate Court at Saidapet within a period of 15 days from today, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, along with two sureties each for a like sum of Rs.10,000/- to the satisfaction of the learned X Metropolitan Magistrate Court at Saidapet;

(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 Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioners shall appear and sign before the respondent police, twice in a week i.e., on every Monday and Friday at 10.00 a.m until further orders;

(iv) The petitioners shall make themselves available for interrogation by police as and when required;

(v) 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 them from disclosing such facts to the Court or to any police officer; Page No.4 of 7

(vi) On breach of any of the aforementioned conditions, the learned X Metropolitan Magistrate Court at Saidapet/Trial Court is entitled to pass appropriate orders against the petitioners 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 Index : Yes/No Internet : Yes/No dpq 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.

Page No.5 of 7

To

1. The X Metropolitan Magistrate Court at Saidapet .

2. DO THROUGH:

The Chief Judicial Magistrate, Saidapet.

3.The Inspector of Police, P2, Otteri Police Station, Chennai.

4.The Public Prosecutor, High Court, Madras.

Page No.6 of 7

R.SAKTHIVEL, J.

dpq 21.05.2026 Page No.7 of 7