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2026 DAILYLAW 52647 (MAD)

Kamatchi v. The State Rep. by

CRL OP/18983/2026 · 2026-07-17

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18983 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. 18983 of 2026 Kamatchi No.11C, Maligai Street,Big Kancheepuram,Kancheepuram District ..Petitioner(s) Vs The State Rep. by The Inspector of Police, Siva Kanchi Police Station, Kancheepuram District. Crime No.180 of 2026. ..Respondent(s) Prayer: This Criminal Original Petition is filed under Section 482 of BNSS, 2023, pleased to enlarge the Petitioner on bail in the event of arrest at the hands of the Respondent in Cr.No.180 of 2026 pending investigation on the file of the Respondent Police. For Petitioner(s): Mr.V.S.Madhanraj For Respondent(s): Mr.N.Palanivel, Government Advocate (crl.side) ORDER The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 109, 118(2),296(b) and 351(3) of BNS, 2023 in Crime No.180 of 2026, seeks anticipatory bail. __________ Page1 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 18983 of 2026 2. The case of the prosecution is that on 28.06.2026, the petitioner, along with the first accused, attacked the defacto complainant and caused simple injuries to him. Based on the complaint lodged by the defacto complainant, the present case has been registered. 3. The learned counsel for the petitioner submitted that the petitioner/A2 who is the mother of A1. It is a case in counter. Earlier, the defacto complainant assaulted the petitioner's son, hence a case was registered in Cr.NO. 181 of 2026. He further submitted that now the injured is discharged from hospital. Hence, the learned counsel for the petitioner seeks anticipatory bail to the petitioner. 4. The learned Government Advocate (Criminal Side) opposed the petition and submitted that though a counter case has been registered, the specific allegation against the petitioner's son assaulted the de facto complainant and caused injury. 5. Considering the submissions made by the learned counsel on either side, the fact that the occurrence has given rise to a case and counter case, and that the petitioner who is the mother of A1, considering the fact that the injured has discharged from hospital. Hence, this Court is of the view that custodial interrogation of the petitioner is not required. Therefore, this Court is inclined to __________ Page2 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 18983 of 2026 grant anticipatory bail to the petitioner/A2, subject to certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate-I, Kanchipuram, on condition that the petitioner 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as __________ Page3 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 18983 of 2026 laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC. 17-07-2026 JRS __________ Page4 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 18983 of 2026 To 1. The Judicial Magistrate No.I, Kanchipuram.\ 2. The Inspector of Police, Siva Kanchi Police Station, Kancheepuram District. Crime No.180 of 2026. 3. The Public Prosecutor, Madras High Court. __________ Page5 of 6 https://www.mhc.tn.gov.in/judis CRL OP No. 18983 of 2026 G.K.ILANTHIRAIYAN, J. JRS CRL OP No. 18983 of 2026 17-07-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis