A.Santhosh v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL A.Santhosh No.31, Sembada Street, Mariyamman Kovil Street, Vandavasi Town, Tiruvannamalai District ..Petitioner/A2 Vs The State Rep By, The Inspector of Police, Vandavasi South Police Station, Tiruvannamalai District.

(Crime No.62 of 2026) ..Respondent/ Complainant PRAYER :- Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on bail in the event of arrest in Crime No.62 of 2026 on the file of the respondent police and thus render justice.

For Petitioner(s):

Mr.E.Sathiyaraj Elangovan For Respondent(s):

Mr.A.Amarnath Counsel of Government of Tamilnadu (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioner on 19.05.2026 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 191(2), 296(b), 118(1), 351(3) of the Bharatiya Nagarik Sanhita, 2023 in Crime No.62 of 2026 on the file of the respondent-police.

3. The case of the prosecution is that on 08.05.2026, the defacto complainant parked his TATA Ac Van in front of A1's fish stall, hence wordy quarrel arose between them. Further the other accused came there and assaulted the defacto complainant with iron road, due to which the defacto complainant sustained injury and admitted in the hospital. Hence the case.

4. Mr.E.Sathiyaraj Elangovan, 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.A.Amarnath, the learned counsel of Government of Tamilnadu (Criminal Side) appearing for the respondent-police, submits that there are no previous cases against the petitioner. He further submits that if pre-

arrest bail is granted to the petitioner, he will abscond and tamper with the evidence. He therefore prays to dismiss this Criminal Original Petition.

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

7. The petitioner has permanent residence. Hence, there is less possibility of absconding. Considering the same and also considering the fact that the petitioner is a first offender and with a view to give an opportunity to the petitioner to reform himself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest 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 Judicial Magistrate, Vandavasi, Tiruvannamalai District, 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) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate, Vandavasi, Tiruvannamalai 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 Judicial Magistrate, Vandavasi, Tiruvannamalai District 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 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 him from disclosing such facts to the Court or to any police officer. (vi) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (vii) The petitioner shall not leave India without the previous permission of the Court.

(viii) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate.

(ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate, Vandavasi, Tiruvannamalai District 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 him 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.

22-05-2026 Index: Yes/No Speaking/Non-speaking order MTL/JRS 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.

To

1. The Judicial Magistrate, Vandavasi, Tiruvannamalai District. 2.The The Inspector of Police, Vandavasi South Police Station, Tiruvannamalai District.

(Crime No.62 of 2026)

3. The Public Prosecutor, High Court, Chennai.

R.SAKTHIVEL, J.

MTL/JRS 22-05-2026