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2026 DAILYLAW 52097 (MAD)

Joseph v. The State Rep. by,

/18964/2026 · 2026-07-17

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18964 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. 18964 of 2026 Joseph ..Petitioner(s) Vs The State Rep. by, The Inspector of Police, Mappedu Police Station, Tiruvallur District. Crime No.163 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge this Petitioner/Accused herein Anticipatory Bail in the event of arrest in Cr.No.163 of 2026 on the file of the Respondent/Complainant i.e.,on the file of the Inspector of Police,Mappedu Police Station,Tiruvallur District. For Petitioner(s): S.Kartik For Respondent(s): Ms.R.S.Indira, Govt.Advocate (Crl.Side) ORDER The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2), 351(3), 329(3), 126(2), 308(4) of BNS, 2023 ( 447, 294, 323, 341, 387 and 506 of IPC) in Crime No. 163 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 18964 of 2026 __________ Page2 of 5 2. The case of the prosecution is that on 11.07.2026, the petitioner along with other accused persons trespassed into the work site of the defacto complainant and abused him in a filthy language and also assaulted him. Hence, the case. 3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. 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 petitioner trespassed into the work site of the defacto complainant and threatened him to stop the construction work. Hence, she 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. 18964 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, considering the nature of allegation, this Court is inclined to grant anticipatory bail to the petitioner, 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.II, Tiruvallur on condition that the petitioner shall execute a 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 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 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. 18964 of 2026 __________ Page4 of 5 (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. 17-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No NR To: 1. The Judicial Magistrate No.II, Tiruvallur. 2. The Inspector of Police, Mappedu Police Station, Tiruvallur District. 3. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis CRL OP No. 18964 of 2026 __________ Page5 of 5 G.K.ILANTHIRAIYAN, J. NR CRL OP No. 18964 of 2026 17-07-2026 https://www.mhc.tn.gov.in/judis