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2026 DAILYLAW 44424 (MAD)

Appan v. The State Rep By, The Inspector of Police

CRL OP/16664/2026 · 2026-07-01

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 16664 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 16664 of 2026 1. Appan 2. Indhira 3. Pavithra 4. Kameshwaran @ Karthick ..Petitioner(s) Vs The State Rep By, The Inspector of Police Redhills Police Station, Thiruvallur. Crime No.305 of 2025 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of their arrest concerned in Crime No.305 of 2026 on the file of the Inspector of Police, Redhills, Police Station, Thiruvallur. For Petitioner(s): M.Vetrivel For Respondent(s): Mr.N.Palanivel Government Advocate (Crl.side) ORDER The petitioners apprehends arrest for the alleged offence under Sections 324(4), 296(b), 126(2), 118(1), 351(3), of BNS, Act r/w Section 4 of TNPHW in Crime No. 305 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 16664 of 2026 __________ Page2 of 6 2. The case of the prosecution is that due to wordy quarrel, the petitioners abused the defacto complainant in a filthy language and tried to assault the defacto complainant. Hence, the case. 3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that injured has been discharged from the hospital on 01.06.2026. However, he opposed to grant anticipatory bail to the petitioners. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 16664 of 2026 __________ Page3 of 6 6. Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, in this case petitioners 2 to 4 are not the accused. Hence, the Criminal Original petition stands dismissed as against petitioners 2 to 4. As far as 1st petitioner is concerned, from the submissions made by learned Government Advocate (Crl.Side), this is a case and case in counter and injured has been discharged from the hospital on 01.06.2026. Considering the fact that issue is between neighbors and upon the fact that injured got discharged, this Court is of the firm view that at this length of time, custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to grant anticipatory bail to the 1st petitioner, subject to certain conditions. 7. Accordingly, the 1st 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-II, Ponneri on condition that the 1st 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: https://www.mhc.tn.gov.in/judis CRL OP No. 16664 of 2026 __________ Page4 of 6 (a) If the 1st 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 1st petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the 1st petitioner in accordance with law as if the conditions have been imposed and the petitioners 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 01-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nr https://www.mhc.tn.gov.in/judis CRL OP No. 16664 of 2026 __________ Page5 of 6 To: 1. The Judicial Magistrate-II, Ponneri. 2. The Inspector of Police Redhills Police Station, Thiruvallur. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 16664 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. NR CRL OP No. 16664 of 2026 01-07-2026 https://www.mhc.tn.gov.in/judis