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2026 DAILYLAW 51552 (MAD)

Philip Joseph, v. The Inspector of Police

CRL OP/18324/2026 · 2026-07-14

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.18324 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.18324 of 2026 1.J.Philip Joesph 2.Abraham Godfrey Devaraj ... Petitioners Vs. The State rep by its. The Inspector of Police, K4, Anna Nagar Police Station, Anna Nagar, Chennai-600 040. (Crime No.303 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.303 of 2026 pending investigation on the file of the respondent police. For Petitioners : Mr.M.Sarathkumar For Respondent : Mr.N.Palanivel Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18324 of 2026 O R D E R The petitioners who apprehend arrest for the alleged offence under Sections 296(b), 115(2), 351(1) of BNS, 2023 and Section 4 of TNPHW Act in Crime No.303 of 2026 on the file of the respondent police, seek anticipatory bail. 2. The allegation against the petitioners is that the defacto complainant is a tenant under the petitioners and there was a default in payment of rent, due to which, a wordy quarrel arose between the petitioners and the defacto complainant. Hence the complaint. 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 (Crl. Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no one sustained injuries in this case and the petitioners have 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18324 of 2026 no previous case. However, he opposed the grant of anticipatory bail to the petitioners. 5. Taking into consideration the totality of the circumstances and the fact that no one sustained injuries in this case and that the petitioners have no previous case, this Court is of the firm view that the custodial interrogation of the petitioners is not required. Hence, this Court 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 V Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 Magistrate within a period of fifteen (15) days 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18324 of 2026 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, being senior citizens, shall report before the respondent police 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 abscond, a fresh FIR can be registered under Section 269 of BNS Act. 14.07.2026 ssb 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18324 of 2026 To 1.The Vth Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police, K4, Anna Nagar Police Station, Anna Nagar, Chennai-600 040. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18324 of 2026 C.KUMARAPPAN, J. ssb Crl.O.P.No.18324 of 2026 14.07.2026 6/6 https://www.mhc.tn.gov.in/judis