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2026 DAILYLAW 55640 (MAD)

Venkatesan v. State by its, Inspector of Police,

CRL OP/19470/2026 · 2026-07-22

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.19470 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.19470 of 2026 1.Venkatesan 2.Ganesh ... Petitioners Vs. The State rep by its. The Inspector of Police, Kanai Police Station, Kanai, Villupuram District. (Crime No.120 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.120 of 2026 pending investigation on the file of the respondent police. For Petitioners : Mr.K.G.Senthil Kumar For Respondent : Ms.R.S.Indira Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19470 of 2026 O R D E R The petitioners, who apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 117(3) and 351(2) of BNS, in Crime No.120 of 2026 on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that the defacto complainant has advanced certain amount to the second petitioner’s brother and in this regard, a complaint was also given before the Police and for enquiry, when the defacto complainant was waiting in nearby Police Station, the petitioners and others assaulted him by using pen knife. Hence, the case. 3. The learned counsel for the petitioners submitted that the petitioners are innocent and have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submitted that the petitioners are ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19470 of 2026 4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and, submitted that injured was discharged from the hospital and the petitioners have no previous case. However, she opposed the grant of anticipatory bail to the petitioners. 5. Taking into consideration the totality of the circumstances and the fact that the injured was discharged from the hospital and that the petitioners have no previous case, this Court is of the firm view that the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions. 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 made ready, before the learned Judicial Magistrate No.I, Villupuram District, on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19470 of 2026 (a) If the petitioners fail to surrender before the concerned 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 daily at 10.30 a.m., until further orders; (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 petitioners 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 abscond, a fresh FIR can be registered under Section 269 of BNS Act. 22.07.2026 ssb 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19470 of 2026 To 1.The Judicial Magistrate No.I, Villupuram District. 2.The Inspector of Police, Kanai Police Station, Kanai, Villupuram District. 3.The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19470 of 2026 C.KUMARAPPAN, J. ssb Crl.O.P.No.19470 of 2026 22.07.2026 6/6 https://www.mhc.tn.gov.in/judis