C.Ganesh v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
1. Ganesh S/o. Chandrasekar, No.52/27, Jaganathan Street, Agaram, Chennai - 600 082.
2. Omsaravanan S/o.Ganesh, No.152,Thiru Vika Nagar Quarters, Sembiam, Chennai - 600 011.
.. Petitioners/Accused Vs Inspector of Police K-11, CMBT Police Station, Chennai.
.. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant anticipatory bail in the event of their arrest by the respondent police in respect of the Crime No. 464 of 2026 on the file of the Inspector of Police, K-11, CMBT Police Station, Chennai, pending investigation.
For Petitioner(s):
Mr.Ambedkar, S.
For Respondent(s):
Mr.C.R.Malarvannan Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioners on 19.05.2026 under Section 482 of 'Bharatiya Nagarik Suraksha Sanhita, 2023' [henceforth 'B.N.S.S'] praying to grant an order of pre-arrest bail to them. 2.The petitioners/Accused, apprehend the arrest at the hands of the respondent police for the alleged offences punishable under Sections 189(2), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.464 of 2026 on the file of the respondent police.
3.The case of the prosecution is that on 10.05.2026 around 10.00 p.m., there was a wordy quarrel arose between the de-facto complainant and petitioners in a bar, whereby the petitioners attacked the de-facto complainant and his brother with hand and caused injuries. Hence the case. 4.The learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the injured have been discharged from the hospital on the same day. Accordingly, he prayed to grant an order of pre-arrest bail to the petitioners.
5.The learned Government Advocate (Crl.Side) appearing for the respondent police submits that there was a wordy quarrel arose between the defacto complainant and petitioners in a bar, whereby the petitioners attacked the de-facto complainant and his brother with hand and caused injuries. He further submitted that the injured have been discharged from the hospital on the same day. He further submitted that the petitioners have no previous case. However, he prayed to dismiss this Criminal Original Petition. 6.Heard on both sides. This Court has perused the records.
7. Considering the above facts and circumstances of the case and considering the fact that the petitioners have no previous case and that the injured have been discharged from the hospital on the same day, 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 in the event of their surrender before the learned V Metropolitan Magistrate, Egmore, Chennai, within a period of 15 days from the date of receipt of a copy of this order, 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 V 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 V Metropolitan Magistrate, Egmore, Chennai shall obtain a copy of any one of their identity proofs to ensure their identity;
(ii) The petitioners shall appear and sign before the respondent Police, weekly twice, i.e., every Monday and Friday at 05.30 p.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; (vi) On breach of any of the aforementioned conditions, the learned V Metropolitan Magistrate, Egmore, Chennai/Trial Judge is entitled to pass appropriate orders against the petitioners 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 5560].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
22-05-2026 Index: Yes/No Speaking/Non-speaking order RSI 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 V Metropolitan Magistrate, Egmore, Chennai.
2.The Inspector of Police K-11, CMBT Police Station, Chennai.
3.The Public Prosecutor, High Court, Madras.
R.SAKTHIVEL, J.
RSI 22-05-2026