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Madras High CourtCRL OP/15912/2026granted

S.G.Nambirajan v. State Of Tamilnadu Rep.By Its,

2026-06-24Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN S.G.Nambirajan S/o.Mr.S.Govindaswamy, D.No.9, Nagalapuram road, Uthukkottai, Tiruvallur-602026.

..Petitioner(s) Vs State of Tamilnadu rep.by its, Inspector of Police, C1-Uthukkottai Police station, Thiruvallur District.

Cr.No.97/2026.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of arrest relating to Cr.No.97/2026 on the file of Inspector of Police, C1- Uthukkottai police station, Thiruvallur District.

For Petitioner(s):

MR. G.BALASUBRAMANIAN For Respondent(s):

MR.N.PALANIVEL, 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), 74 and 351(2) of BNS, 2023 in Crime No.97 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that due to family dispute, there was a wordy quarrel between the petitioner and the defacto complainant, for which, the petitioner assaulted the defacto complainant and also threatened him with dire consequences. 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 he 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 occurrence took place on 30.04.2026 and the FIR was registered on 25.05.2026. He further submitted that no one had sustained any injury and that the petitioner has no bad antecedents. Hence, he opposed to grant anticipatory bail to the petitioner.

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

6. Considering the nature of the allegations, the fact that no one sustained any injury, the petitioner has no bad antecedents and delay in registration of the FIR, 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 District Munsif cum Judicial Magistrate at Uthukottai, Thiruvallur, 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.

24-06-2026 DRL To 1.The District Munsif cum Judicial Magistrate At Uthukottai, Thiruvallur.

2.The Inspector of Police, C1-Uthukkottai Police station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 24-06-2026