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Madras High CourtCRL OP/15866/2026granted

Rohit v. The State Rep By, The Inspector Of Police

2026-06-25Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Rohit S/o.M.Gunasekaran, No.54/78, Yadhaval Street, Padi, Ambattur, Chennai - 600 050.

..Petitioner(s) Vs The State Rep By, The Inspector of Police Nolambur Police Station, Anna Nagar District.

Crime No.213 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to grant anticipatory bail to the petitioner in the event of his arrest by the respondent police in connection with Crime No.213 of 2026 on the file of respondent police station. For Petitioner(s):

M/S. J.N.NARESH KUMAR For Respondent(s):

MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 296(b), 115(2), 118(1), 351(3) and 140(3) of BNS, 2023, in Crime No.213 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused kidnapped the defacto complainant and abused her in a filthy language. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the named accused, Sandhiya, was enlarged on bail on 13.05.2026. He further submitted that the petitioner is not a named accused in the FIR and is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the alleged occurrence took place on 21.04.2026 and the FIR was registered on 27.04.2026 and that the injured was discharged from the hospital. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given my anxious consideration to either side submissions.

6. Considering the totality of the circumstances of the case, the fact that the alleged occurrence took place on 21.04.2026, whereas the FIR was registered on 27.04.2026, the injured was discharged from the hospital and that the co-accused was released on bail, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Ambattur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

25-06-2026 DRL To 1.The Judicial Magistrate, Ambattur.

2.The Inspector of Police Nolambur Police Station, Anna Nagar District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 25-06-2026