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2026 DAILYLAW 52783 (MAD)

A.Babu v. State Represented by The Inspector of Police,

CRL OP/18017/2026 · 2026-07-13

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18017 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.18017 of 2026 1.A.Babu 2.M.Gunalan 3.A.Muthaiyan ... Petitioner(s)/A1 to A3 Vs. State rep. by the Inspector of Police, Porayar Police Station, Mayiladuthurai District. (Crime No.289 of 2026) ... Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on bail in the event of his arrest in connection with Crime No.289 of 2026, on the file of the respondent. For Petitioner(s) : Mr.A.Rajaperumal For Respondent(s) : Mrs.R.S.Indira Government Advocate (Crl. Side) ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 118(1), 351(2) of BNS Act, 2023 in Crime No.289 of 2026, seek anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 18017 of 2026 __________ Page2 of 5 2. The case of the prosecution is that due to land dispute, there was a wordy quarrel between the petitioners and the defacto complainant, which escalated into violence. Hence, the case. 3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have nothing to do with the alleged offence and a false case has been foisted. He would further submit that the petitioners are ready to co-operate for investigation. Hence, he prays for the grant of anticipatory bail. 4. Though the learned Government Advocate (Crl. Side) opposed the anticipatory bail application by reiterating the prosecution case, she fairly submitted that no one suffered injury in the incident and that the petitioners have no criminal antecedents. 5. Considering the facts and circumstances of the case and also considering the fact that the no one suffered injury in the incident and that the petitioners have no criminal antecedents, this Court is of the firm view that the custodial interrogation of the petitioners is not required. Hence this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. https://www.mhc.tn.gov.in/judis CRL OP No. 18017 of 2026 __________ Page3 of 5 6. Accordingly, the petitioners are ordered to be released on anticipatory 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 District Munsif cum Judicial Magistrate, Tharangambadi, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each 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 conditions that: [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 suretyship (Judicial Form No.46 annexed to ‘The Criminal Rules of Practice, 2019]’. The learned Magistrate shall obtain a copy of any one of identity proofs to ensure their identity; [c] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period two weeks and thereafter as and when required for the interrogation. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall not abscond either during investigation or trial. [f] 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 Petitioners released on bail by the learned Magistrate/Trial Court himself as https://www.mhc.tn.gov.in/judis CRL OP No. 18017 of 2026 __________ Page4 of 5 laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; [g] If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 13.07.2026 smv To 1. The District Munsif cum Judicial Magistrate, Tharangambadi 2. The Inspector of Police, Porayar Police Station, Mayiladuthurai District. 3. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 18017 of 2026 __________ Page5 of 5 C.KUMARAPPAN ,J. smv Crl.O.P.No.18017 of 2026 13.07.2026 https://www.mhc.tn.gov.in/judis