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2026 DAILYLAW 49772 (MAD)

Viswanathan v. The State Rep By, The Sub-Inspector Of Police

CRL OP/17856/2026 · 2026-07-10

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17856 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17856 of 2026 Viswanathan North Street, Pulikarambalur, Cuddalore District ..Petitioner(s) Vs The State Rep By, The Sub-Inspector Of Police Ramanathan Police Station, Tittakudi Taluk, Cuddalore. Crime No.179 of 2026 ..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 his arrest by the respondent in connection with Crime No.179 of 2026 on the file of the respondent. For Petitioner(s): M/S. P Mani For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(1) & 324 (4) of BNS, 2023 and Section 4 of Tamil nadu Prohibition of Harassment of Women, in Crime No.179 of 2026 on the file of https://www.mhc.tn.gov.in/judis CRL OP No. 17856 of 2026 __________ Page2 of 6 the respondent police seeks anticipatory bail. 2. The allegation against the petitioner is that the petitioner, who is the son in law of the defacto complainant came to his house, abused him and his daughter with filthy language and beaten his daughter and damaged the two wheeler vehicle parked in front of his house. Hence, a case has been registered. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. The learned counsel for the petitioner would submit that the defacto complainant is none other than the father-in-law of the petitioner and the dispute between them is purely a family dispute. He further submitted that he is 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 petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the occurrence took place on 22.06.2026 and the complaint was lodged on 25.06.2026. It is submitted that, during the course of a wordy quarrel between the petitioner and the defacto complainant, the alleged occurrence had taken place. However, the injured has already been discharged from the hospital. https://www.mhc.tn.gov.in/judis CRL OP No. 17856 of 2026 __________ Page3 of 6 5. This Court has carefully considered the submissions made by both sides. It is seen that the defacto complainant is the father-in-law of the petitioner and the occurrence appears to have arisen out of a family dispute. Further, the injured has already been discharged from the hospital and the petitioner has no criminal antecedents. Considering the totality of the circumstances, this Court is of the considered view that the custodial interrogation of the petitioner is not required at this stage. Therefore, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 6. 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 Court, Tittagudi 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 https://www.mhc.tn.gov.in/judis CRL OP No. 17856 of 2026 __________ Page4 of 6 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, 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 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. 10-07-2026 JRS https://www.mhc.tn.gov.in/judis CRL OP No. 17856 of 2026 __________ Page5 of 6 To 1. The Judicial Magistrate court, Tittagudi. 2. The Sub-Inspector Of Police Ramanathan Police Station, Tittakudi Taluk, Cuddalore. Crime No.179 of 2026 3.The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis CRL OP No. 17856 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. JRS CRL OP No. 17856 of 2026 10-07-2026 https://www.mhc.tn.gov.in/judis