Kamalakannan v. State Rep.by, The Inspector of Police,
CRL OP/17087/2026 · 2026-07-03
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 45358 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 45358 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 17087 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17087 of 2026
1. Kamalakannan S/o.Paramasivam, No.1/123, E.Madhiyampatti, K.Vetrapatti Post, Mattiyampatti Taluk, Dharmapuri District. 2. Karthik S/o.Paramasivam, No.1/123, E.Madhiyampatti, K.Vetrapatti Post, Mattiyampatti Taluk, Dharmapuri District. ..Petitioners/ Accused 1 & 2 Vs
1. State Rep.by, The Inspector of Police, Harur Police Station, Dharmapuri District. Cr.No.249 of 2026. ..Respondent/ Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on Anticipatory bail in the event on their arrest by the Respondent Police in Cr.No.249 of 2026 on the file of the Respondent Police. For Petitioner(s): Mr. J Pradeep For Respondent(s):
MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) https://www.mhc.tn.gov.in/judis
CRL OP No. 17087 of 2026 __________ Page2 of 6 ORDER The petitioners apprehend arrest for the alleged offence under Sections 126(2), 296(b), 115(2), 118(1) and 351(3) of BNS Act, in Crime No.249 of 2026 on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that on 30.05.2026, due to previous enmity, the petitioners along with other accused abused the de facto complainant in filthy language and assaulted him with hands and stones, causing
injuries. Hence,
the
case. 3. The learned counsel appearing for the petitioners submitted that they are innocent person and have been falsely implicated in this case. He would submit that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl. Side), appearing for the respondent police, upon instructions, submitted that there are no previous criminal antecedents as against the petitioners. She further submitted that, owing to previous enmity, a quarrel ensued between the petitioners and the de facto complainant, during which the de facto complainant sustained injuries. It https://www.mhc.tn.gov.in/judis
CRL OP No. 17087 of 2026 __________ Page3 of 6 was further submitted that the injured was admitted to the hospital on 31.05.2026 and discharged on 04.06.2026. Therefore, she opposed the grant of anticipatory bail. 5.This Court has considered the submissions made on either side. 6. Considering the submissions made by the learned Government Advocate (Crl. Side), it is seen that there are no previous criminal antecedents as against the petitioners.
It is also not in dispute that the petitioners and the de facto complainant are close relatives and that the occurrence appears to have arisen out of previous enmity between them. Though the de facto complainant sustained injuries, it is seen that he was admitted to the hospital on 31.05.2026 and discharged on 04.06.2026. In the facts and circumstances of the case, and considering the nature of the allegations, this Court is of the considered view that the custodial interrogation of the petitioners is not required. Accordingly, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court, Harur, on condition that the petitioners shall execute a bond for a sum of https://www.mhc.tn.gov.in/judis
CRL OP No. 17087 of 2026 __________ Page4 of 6 Rs.20,000/- (Rupees Twenty Thousand only), each with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a)If the petitioners 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 petitioners shall appear before the respondent police at 10.30 am for the period of two weeks and thereafter as and when required for the purpose of interrogation.
(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners 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 https://www.mhc.tn.gov.in/judis
CRL OP No. 17087 of 2026 __________ Page5 of 6 5560]; (e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 03-07-2026 JRS To 1.The Judicial Magistrate Court, Harur. 2.The Inspector of Police, Harur Police Station, Dharmapuri District. Cr.No.249 of 2026. 3.The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis
CRL OP No. 17087 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 17087 of 2026 03-07-2026 https://www.mhc.tn.gov.in/judis