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Madras High CourtCRL OP/15/2026partly allowed

Ashwanth v. The State Rep.By Inspector Of Police

2026-01-06Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-01-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR CRL OP No. 15 of 2026 1.Ashwanth 2.Anbarasu 3.Thennarasu 4.Choudri ..Petitioner(s) Vs State by, The Inspector of Police Pullarambakkam Police Station, Tiruvallur District.

Cr.No.175/2025.

..Respondent(s) Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioners on Anticipatory bail in the event of his arrest, pending investigation in Cr.No.175/2025, on the file of the respondent police. For Petitioner(s):

Mr.K.S.Harish For Respondent(s):

Ms.J.R.Archana, Government Advocate (Crl.Side) Order The petitioners, who apprehend arrest at the hands of the respondent police for the offence under Sections 296(b), 126(1), 118(2), 115(2), 351(3) of BNS, in Crime No.175 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioners is that, due to previous enmity, a __________Page 1 of 5

wordy quarrel arose, pursuant to which the petitioners are said to have assaulted the defacto complainant and caused injuries to him. Hence, the case has been registered.

3. The learned counsel for the petitioners submitted that the petitioners are not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that the injured has been discharged from the hospital. He further submitted that the petitioners/A2 to A4 were arrested and remanded to judicial custody. He also submitted that the petitioner/A1 has one previous case pending against him. Hence, he opposed the grant of anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

6. Considering the submissions made by the learned counsel on either side, the fact that the injured has been discharged from the hospital and that the petitioners/A2 to A4 were arrested and remanded to judicial custody, the anticipatory bail petition is dismissed as withdrawn insofar as the petitioners/A2 to A4 are concerned. Insofar as the first petitioner/A1, namely Ashwanth, is concerned, this Court is inclined to grant anticipatory bail to the first petitioner, subject to certain conditions.

7. Accordingly, the first petitioner is ordered to be released on __________Page 2 of 5

anticipatory bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Tiruvallur, on condition that the first petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only), with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the first petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

(c) the first petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the first petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the first petitioner in accordance with law as if the conditions have been imposed and the first petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble __________Page 3 of 5

Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

06-01-2026 DRL To 1.The Public Prosecutor, High Court, Madras.

2. The Inspector of Police Pullarambakkam Police Station, Tiruvallur District.

__________Page 4 of 5

K.RAJASEKAR J.

DRL CRL OP No. 15 of 2026 06-01-2026 __________Page 5 of 5