Kiesathvijay v. State Rep.by, The Inspector of Police,
CRL OP/16059/2026 · 2026-06-25
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 42001 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 42001 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 16059 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-06-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 16059 of 2026 Kiesathvijay S/o. T.Veeramagendhiran, No.204, Ambedkar Street, Pilparuthi Bommidi, Dharmapuri- 635 301. ..Petitioner(s) Vs State Rep.by, The Inspector of Police, Salem Railway Police Station, Salem. Cr.No.106 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on Anticipatory bail in the event of his arrest in Cr.No.106 of 2026 on the file of the Respondent Police. For Petitioner(s): MR. Karthikeyan For Respondent(s): MS.R.S.INDIRA, 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) and 118(1) of BNS, 2023 in Crime No.106 of 2026, on the file of the respondent Police, seeks anticipatory bail. https://www.mhc.tn.gov.in/judis
CRL OP No. 16059 of 2026 __________ Page2 of 5
2. The allegation against the petitioner is that on 27.05.2026 at about 11.00 p.m, while the defacto complainant and his family members were travelling in the Yercaud Train, one of the accused picked up a quarrel with the defacto complainant, demanded place to him. Thereafter, when the train reached Bommidi Railway Station, all the accused joined together, abused the defacto complainant in filthy language, assaulted him and caused injuries to him. 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 27.05.2026 and that the injured got discharged from the hospital. Hence, he opposed to grant anticipatory bail to the petitioner. 5. I have given my anxious consideration to either side submissions. https://www.mhc.tn.gov.in/judis
CRL OP No. 16059 of 2026 __________ Page3 of 5
6. Considering the nature of the allegations, the fact that the occurrence took place on 27.05.2026 and the injured got discharged from the hospital, 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 Judicial Magistrate No.III, Salem, 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 https://www.mhc.tn.gov.in/judis
CRL OP No. 16059 of 2026 __________ Page4 of 5 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. 25-06-2026 DRL To 1.The Judicial Magistrate No.III, Salem. 2.The Inspector of Police, Salem Railway Police Station, Salem. 3.The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis
CRL OP No. 16059 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 16059 of 2026 25-06-2026 https://www.mhc.tn.gov.in/judis