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2026 DAILYLAW 26348 (MAD)

Kubendran v. The State rep by The Inspector of Police

CRL OP/13763/2026 · 2026-05-27

Mohammed Shaffiq

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 13763 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-05-2026 CORAM THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ CRL OP No. 13763 of 2026 Kubendran, S/o.Narayanasamy, No. 195, Indhira Nagar, Paradarami, Vellore. ..Petitioner(s) Vs The State rep by The Inspector of Police Katpadi Police Station, Vellore. Crime no 115 of 2026 ..Respondent(s) PRAYER: Criminal Original Petition is filed under Section 482 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in the event of his arrest in Crime No.115 of 2026 pending investigation on the file of the respondent police. For Petitioner(s): Mr.L Ramanathan For Respondent(s): Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 61(2), 318(2), 319(2), 296(b), 351(2) of BNS Act, 2023 in Crime No.115 of 2026 on the file of the respondent Police, seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 13763 of 2026 __________ Page2 of 6 2. The learned counsel for the petitioner, pleading innocence on the part of the petitioner and false implication in the case, seeks indulgence of this Court. He submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Therefore he prayed to grant anticipatory bail to the petitioner. He further submits that the antecedent apparently occurred on 23.06.2025, the FIR lodged only on 14.05.2026. 3. The case of the prosecution as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that the petitioner is the document writer, apparently he had been involved in one of the documents relating to the defacto complainant’s property. He received the registered document and handed over the same to A2 which ought to have been returned to A1; by A2 but they failed to do so. He further submits that there is no previous case against the petitioner. 4. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record and considering that the petitioner is https://www.mhc.tn.gov.in/judis CRL OP No. 13763 of 2026 __________ Page3 of 6 role is only a document writer, there is no previous antecedents, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, K.V.Kuppam, on condition that the 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and 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 petitioner shall report before the respondent Police, daily at 10.30 a.m., until further orders; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the 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 https://www.mhc.tn.gov.in/judis CRL OP No. 13763 of 2026 __________ Page4 of 6 against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 27-05-2026 RNA Note: 1. Registry is directed to forthwith upload this order on the Official Website of this Court. 2. All concerned to act on this order being uploaded on 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. https://www.mhc.tn.gov.in/judis CRL OP No. 13763 of 2026 __________ Page5 of 6 To 1.The learned Judicial Magistrate, K.V.Kuppam 2.The Inspector of Police Katpadi Police Station, Vellore. 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 13763 of 2026 __________ Page6 of 6 MOHAMMED SHAFFIQ, J. RNA CRL OP No. 13763 of 2026 27-05-2026 https://www.mhc.tn.gov.in/judis