Elumalai v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Elumalai ..Petitioner Vs The State Rep.by, The Inspector of Police, Adamangalam Pudur Police Station, Tiruvannamalai District.
[Cr.No.73/2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of arrest in Cr.No.73 of 2026 on the file of the Respondent Police Station. For Petitioner:
Mr.E.Sathiyaraj Elangovan For Respondent:
Ms.R.S.Indira Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(1), 351(3) of BNS Act (Corresponding Section 294(b), 324, 506(2) of IPC) in Crime No. 73 of 2026 on the file of the respondent police seeks anticipatory bail.
2. The case of the prosecution is that on 06.06.2026, while the de facto complainant was attending his uncle's funeral, the accused engaged in a verbal altercation with him, assaulted him with an iron rod, and caused injuries. Hence, the complaint.
3. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is ready to abide by any conditions that may be imposed by this Court, and therefore prays for the grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and submitted that the petitioner has no criminal antecedents. She further submitted that the injured has been discharged from the hospital on 09.06.2026. However, she opposed the grant of anticipatory bail to the petitioner.
5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.
6. Considering the totality of the circumstances, the fact that the injured has been discharged from the hospital, and that the petitioner has no criminal antecedents, this Court is of the view that custodial interrogation of the
petitioner is not required at this stage. 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, Kalasapakkam, Tiruvannamalai District 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 twice a day at 10.30 a.m. and 05.30 p.m. until further orders;
(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.
23-06-2026 Index: Yes/No Speaking/Non-speaking order VEDA To 1.The Judicial Magistrate, Kalasapakkam, Tiruvannamalai District.
2.The Inspector of Police, Adamangalam Pudur Police Station, Tiruvannamalai District.
3.The Public Prosecutor, Madras High Court.
C.KUMARAPPAN, J.
VEDA 23-06-2026