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2026 DAILYLAW 48922 (MAD)

P.Sathish Kumar v. The State Represented by its Inspector of Police,

CRL OP/17502/2026 · 2026-07-08

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.17502 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.17502 of 2026 1.P.Sathish Kumar 2.B.Dinesh ... Petitioners Vs. The State Rep. by The Inspector of Police, E-6, Government Hospital, Royapettah Police Station, Chennai - 600 014. (Crime No.03 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.03 of 2026 pending investigation on the file of the respondent police. For Petitioners : Mr.D.Thamarai Selvan For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side) ORDER The petitioners apprehend arrest for the alleged offences under Sections 296(b), 118(1) and 351(2) of BNS, 2023, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.03 of 2026 on the file of the respondent police seeks anticipatory bail. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17502 of 2026 2. The case of the prosecution is that, due to a monetary dispute, the petitioners abused the de facto complainant in filthy language, assaulted him, caused injuries, outraged the modesty of his daughter, assaulted his wife, and criminally intimidated them. Hence, the case. 3. The learned counsel for the petitioners submitted that the petitioners are innocent and have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submitted that the petitioners are ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of anticipatory bail and submitted that the injured has been discharged from the hospital on 05.06.2026. 5. Taking into consideration the totality of the circumstances, including the fact that the injured has already been discharged from the hospital and that the entire dispute appears to have arisen out of a monetary transaction, this Court is of the firm view that, at this stage, custodial interrogation of the petitioners is not required for the purpose of investigation. Hence, this Court 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17502 of 2026 is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions: 6. Accordingly, the petitioners are ordered to be released on anticipatory 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 made ready, before the learned XVIII Metropolitan Magistrate Court, Saidapet, on condition that the petitioners shall execute a separate 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 petitioners fails to surrender before the concerned 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; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17502 of 2026 (c) The petitioners shall report before the respondent police daily 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 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 5560]; (e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 08.07.2026 cda 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17502 of 2026 To 1.The XVIII Metropolitan Magistrate Court, Saidapet. 2.The Inspector of Police, E-6, Government Hospital, Royapettah Police Station, Chennai - 600 014. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17502 of 2026 C.KUMARAPPAN, J. cda Crl.O.P.No.17502 of 2026 08.07.2026 6/6 https://www.mhc.tn.gov.in/judis