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2026 DAILYLAW 52041 (MAD)

Kesavan v. State Rep by The Inspector of Police

CRL OP/18866/2026 · 2026-07-17

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18866 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP No. 18866 of 2026 1. Kesavan 2. Parathi @ Parthasaradhi ..Petitioner(s) Vs State Rep by The Inspector of Police Chetpet Police Station, Tiruvannamalai District. Crime No.146 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023,to enlarge the petitioners on bail in the event of arrest in Crime No.146 of 2026 on the file of the respondent police station and thus render justice. For Petitioner(s): E.Sathiyaraj Elangovan For Respondent(s): Ms.R.S.Indira, Govt.Advocate (Crl.Side) ORDER The petitioners apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 (294(b), 323, 324, 506(2) of IPC) in Crime No. 146 of 2026 on the file of the respondent police seek anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 18866 of 2026 __________ Page2 of 5 2. The case of the prosecution is that on 26.06.2026, the petitioners abused the defacto complainant in a filthy language and also assaulted him with wooden log. Due to which, he sustained injury. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioners are innocent and they have not committed any offence as alleged by the de facto complainant and they have been falsely implicated in this case. He further submitted that they are 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 petitioners. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed to grant anticipatory bail to the petitioners. 5. I have given my anxious consideration to either side submissions and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 18866 of 2026 __________ Page3 of 5 6. Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 7. Accordingly, the petitioners are ordered to be released on 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 is made ready, before the learned Judicial Magistrate, Polur, Tiruvannamalai District on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 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 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 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; https://www.mhc.tn.gov.in/judis CRL OP No. 18866 of 2026 __________ Page4 of 5 (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 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 17-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No NR To: 1. The Judicial Magistrate, Polur, Tiruvannamalai District. 2. The Inspector of Police Chetpet Police Station, Tiruvannamalai District. 3. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 18866 of 2026 __________ Page5 of 5 G.K.ILANTHIRAIYAN, J. NR CRL OP No. 18866 of 2026 17-07-2026 https://www.mhc.tn.gov.in/judis