D Shivagiri v. The State Rep By, The Inspector of Police
CRL OP/18273/2026 · 2026-07-14
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 51592 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 51592 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 18273 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18273 of 2026 D Shivagiri S/o Dhamaraj, No.08, Jayam Street, Panneer Nagar Extension, Mogappair West, Chennai. ..Petitioner(s) Vs The State Rep By, The Inspector of Police W-8, AWPS, Thirumangalam Police Station, Chennai. Crime No.15 of 2026 ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.15 of 2026 on the file of the Inspector of Police, W8, AWPS, Thirumangalam, Chennai pending investigation and thus render justice. For Petitioner(s): Mr. K Mohan Raj For Respondent(s): Mrs.R.S.Indira Government Advocate (Crl.Side) https://www.mhc.tn.gov.in/judis
CRL OP No. 18273 of 2026 __________ Page2 of 6 ORDER The petitioner apprehends arrest for the alleged offences under Sections 296(b), 318, 351(2), 3(5) BNS in Crime No.15 of 2026 on the file of the respondent police seeks anticipatory bail. 2. The case of the prosecution is that the petitioner is friend of A1. By suppressing his first marriage, A1 got engaged to marry the defacto complainant. Hence the complaint. 3. The learned counsel for the petitioner submitted that there are seven accused in this case and petitioner is A5. The petitioner is merely a friend of A1. He further submitted that the petitioner is an innocent, that a false case has been foisted against the petitioner and that he has not committed any offence as alleged by the prosecution. 4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioner. 5. I have given my anxious consideration to either side submissions. https://www.mhc.tn.gov.in/judis
CRL OP No. 18273 of 2026 __________ Page3 of 6
6. Though serious allegations are made against A1, the only overt act attributed to the petitioner is that he was a friend of A1; beyond that, there is no allegation against him. In such view of the matter, and taking into consideration the aforementioned factual position, this Court is of the firm view that the 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, Ambattur on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two suretieseach, 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; https://www.mhc.tn.gov.in/judis
CRL OP No. 18273 of 2026 __________ Page4 of 6 (c) The petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required; (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 is 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. 14-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MFA https://www.mhc.tn.gov.in/judis
CRL OP No. 18273 of 2026 __________ Page5 of 6 To
1. The Judicial Magistrate, Ambattur. 2. The Inspector of Police W-8, AWPS, Thirumangalam Police Station, Chennai. 3.
The Public Prosecutor High Court, Chennai. https://www.mhc.tn.gov.in/judis
CRL OP No. 18273 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. MFA CRL OP No. 18273 of 2026 14-07-2026 https://www.mhc.tn.gov.in/judis