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2026 DAILYLAW 52153 (MAD)

Surya Moorthy v. The State Represented by The Inspector of Police,

CRL OP/19024/2026 · 2026-07-17

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 19024 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP No. 19024 of 2026 1.Surya Moorthy S/o.Vadivelu, Ayyar Kandidai, Sirupuzhal pet post, Thiruvallur, Tamil Nadu 601 201. 2.RChandru S/o.Ravi, No.88,Ayyar Kandidai, Sirupuzhal pet post, Thiruvallur, Tamil Nadu 601 201. ..Petitioners Vs The State Represented by The Inspector of Police, Kavarapettai Police Station, Thiruvallur Dist, Tamil Nadu, Crime No.180 of 2026 ..Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of BNNS, 2023, praying to enlarge the petitioners on bail in the event of their arrest pending investigation in connection with Crime No.180 of 2026 on the file of Respondent Police. For Petitioners: Mr.R.Balasubramanian For Respondent(s): Mrs. R.S.Indira, Government Advocate (crl.side) __________ Page1 of 4 https://www.mhc.tn.gov.in/judis CRL OP No. 19024 of 2026 ORDER The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351 (3) of BNS, 2023 in Crime No.180 of 2026, seek anticipatory bail. 2. The case of the prosecution is that the petitioners, owing to previous enmity, went to the place of occurrence, abused the de facto complainant in filthy language, assaulted him, and caused grievous injuries. Based on the complaint, the respondent police registered the present case. 3. The learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in the present case. They are willing to cooperate with the investigation and undertake to abide by any condition that may be imposed by this Court. Hence, they prayed for the grant of anticipatory bail. 4.The learned Government Advocate (Criminal Side) opposed the petition and submitted that the injured has sustained grievous injuries and is still undergoing treatment in the hospital. Considering the gravity of the offence and the stage of investigation, the custodial interrogation of the petitioners is very much necessary. Hence, he prayed for dismissal of the petition. __________ Page2 of 4 https://www.mhc.tn.gov.in/judis CRL OP No. 19024 of 2026 5. This Court has considered the submissions made on either side. It is seen that the injured has sustained grievous injuries and is still undergoing treatment in the hospital. Considering the nature of the allegations, the seriousness of the injuries sustained by the de facto complainant, and the requirement of custodial interrogation for effective investigation, this Court is not inclined to exercise its discretion under Section 438 Cr.P.C. 6.Accordingly, this Criminal Original Petition is dismissed. 17-07-2026 JRS To 1.The Inspector of Police, Kavarapettai Police Station, Thiruvallur Dist, Tamil Nadu, Crime No.180 of 2026. 2. The Public Prosecutor, High Court of Madras. __________ Page3 of 4 https://www.mhc.tn.gov.in/judis CRL OP No. 19024 of 2026 G.K.ILANTHIRAIYAN, J. JRS CRL OP No. 19024 of 2026 17-07-2026 __________ Page4 of 4 https://www.mhc.tn.gov.in/judis