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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Ganesh Keeraikollai Street, Nagapattinam.

..Petitioner(s) Vs The State Rep By, The Inspector of Police Nagapattinam Town Police Station, Nagapattinam District.

Crime No.80 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in connection with Crime No.80 of 2026 on the file of the respondent police. For Petitioner(s):

Mr. J.Jawahar For Respondent(s):

MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 118(1), 126(2), 296(b) and 351(3) of BNS in Crime No.80 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that due to previous enmity, the petitioner along with other accused assaulted the defacto complainant, thereby causing serious injuries to him. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the co-accused/A1 & A3 have already been released on anticipatory bail. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that there are three accused in this case and the petitioner herein is arrayed as A2. He further submitted that the occurrence took place on 18.03.2026 and that the injured was discharged from the hospital on 23.03.2026. He also contended that the date of occurrence had been wrongly mentioned in the anticipatory bail petition. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

6. Taking into consideration the totality of the circumstances and the fact that the co-accused have already been granted anticipatory bail, the injured has already been discharged from the hospital and the occurrence took place on 18.03.2026, at this length of time, no custodial interrogation of the petitioner is required. Hence, this Court is inclined to grant anticipatory bail to the petitioner 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, Nagapattinam, 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 a.m for a period of two weeks and thereafter as and when required for interrogation. (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.

24-06-2026 DRL To 1.The Judicial Magistrate, Nagapattinam.

2.The Inspector of Police Nagapattinam Town Police Station, Nagapattinam District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 24-06-2026