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2026 DAILYLAW 50907 (MAD)

Raki v. The State Rep.by, The Inspector of Police,

CRL OP/17248/2026 · 2026-07-08

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 17248 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 17248 of 2026 Raki S/o. Chandiran, No.3, North Colony, Thondamanathampet, Pondicherry District ..Petitioner(s) Vs The State Rep.by, The Inspector of Police, Sedarapet Police Station, Puducherry District. Cr.No.39/2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on Anticipatory bail in the event of arrest in Cr.No.39 of 2026 pending on the file of the Respondent Police. For Petitioner(s): Mr.Gokulvisvas C R For Respondent(s): M/s.G.Djearany, Government Advocate (Puducherry) ORDER The petitioner apprehends arrest for the alleged offence under Sections 118(1), 190, 191(1), 191(2), 296(b) and 351(2) of BNS Act, in Crime No.39 of 2026 on the file of the respondent police seek anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 17248 of 2026 __________ Page2 of 5 2. The allegation against the petitioner is that, due to previous enmity, the petitioner along with other accused abused the defacto complainant in filthy language and assaulted him using wooden log, thereby causing injuries to him. Hence, the complaint. 3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. 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 for the grant of anticipatory bail to the petitioner. 4. The learned Government Advocate (Puducherry) for the respondent reiterated the prosecution case and submitted that there are three accused in this case and the petitioner is arrayed as A3. He further submitted that though the defacto complainant sustained injuries, he did not approach the hospital due to the threat caused by the petitioner and no FIR was registered in respect of the said incident. He further submitted that the de facto complainant was not admitted in the hospital and that the injuries sustained by him are simple in nature. Hence, he opposed to grant of anticipatory bail to the petitioner. 5. Considering the facts and circumstances of the case and taking into https://www.mhc.tn.gov.in/judis CRL OP No. 17248 of 2026 __________ Page3 of 5 consideration of the totality of the circumstances, and upon the fact that the injuries sustained by the defacto complainant are simple in nature, 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.IV, Puducherry, 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 slip (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 a.m., for a period of two weeks and https://www.mhc.tn.gov.in/judis CRL OP No. 17248 of 2026 __________ Page4 of 5 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. 08-07-2026 DRL To 1.The Judicial Magistrate No.IV, Puducherry. 2.The Inspector of Police, Sedarapet Police Station, Puducherry. 3.The Public Prosecutor, Puducherry. https://www.mhc.tn.gov.in/judis CRL OP No. 17248 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 17248 of 2026 08-07-2026 https://www.mhc.tn.gov.in/judis