Pretheesh 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 Pretheesh No.388, 20th Sarojini Street, GKM Colony, Jawahar Nagar Chennai-600082 ..Petitioner(s) Vs The State represented by:
The Inspector of Police Uthukottai Police Station, Tiruvallur.
[Crime No.118 of 2026] ..Respondent(s) PRAYER: This Criminal Original Petition has been filed under Section 483 of B.N.S.S. praying to enlarge the petitioner on bail in the event of his arrest in the above Crime No.118 of 2026 on the file of the Uthukottai Police Station, Thiruvallur.
For Petitioner(s):
M/S. Magesh D For Respondent(s):
Mr. N. Palanivel Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest for the alleged offences under Sections 296(b), 118(1) and 351(3) of B.N.S. in Crime No.363 of 2026, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 10.06.2026, the accused who is
a neighbour of the defacto complainant, abused the defacto complainant in filthy language and threatned him and in furtherance of which, when the defacto complainant was playing with his friends, near Panchayath Office, the accused assaulted the defacto complainant by wooden log and knife. Hence the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that according to the prosecution, due to the dispute between the parties, the accused assaulted the defacto complainant using knife and wooden log, in fact, the injured was discharged on the same day and this petitioner is ready and willing to abide by any condition 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, while opposing the anticipatory bail petition, fairly submitted that the injured was discharged on the same day.
5. From the submissions made by the learned Government Advocate, it is seen that there was a wordy quarrel between the petitioner and the defacto complainant, who is a neighbour, which was escalated into assault. However, the injured got discharged from the hospital on the same day. Therefore, considering the fact that the injured was discharged from the hospital and the
issue is between the neighbours, and taking into consideration of the fact that the occurrence was taken place on 10.06.2026,, this Court is of the firm view that at this length of time, custodial interrogation of the petitioner is not required and hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions:
6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned District Munsif-cum-Judicial Magistrate, Uthukottai 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 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 sign before the respondent police daily at 10.30 a.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.
24-06-2026 MJS 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 the official website of this Court will be watermarked and will also have a QR code.
To
1. The District Munsif cum Judicial Magistrate, Uthukottai.
2. The Inspector of Police, Uthukottai Police Station, Tiruvallur.
3. The Public Prosecutor, High Court of Madras.
C.KUMARAPPAN, J.
MJS 24-06-2026