Anbarasan v. The State Rep by the Inspector of Police
/20108/2026 · 2026-07-27
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 58242 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 58242 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 20108 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 20108 of 2026 Anbarasan ..Petitioner Vs The State Rep by: The Inspector of Police, Jalakandapuram Police Station, Salem District. [Crime No.90 of 2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/accused No.2 on anticipatory bail in the event of his arrest in Crime No.90 of 2026 on the file of the respondent Police. For Petitioner: Mr.A.Kalimuthu For Respondent: Ms.R.S.Indira Government Advocate (Criminal Side)
ORDER The petitioner apprehends arrest for the alleged offence under Sections 126(2), 296(b), 115(2), 118(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.90 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis
CRL OP No. 20108 of 2026 __________ Page2 of 6
2. The case of the prosecution is that on 21.04.2026, due to previous enmity, the accused persons abused the de facto complainant’s son using filthy language, assaulted him on his hands and legs with a wooden log and an iron rod, caused injuries to him, and also threatened him with dire consequences. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. He also submitted that the other co-accused has already been enlarged on anticipatory bail on 06.07.2026 in Crl.O.P.No.17160 of 2026. Hence, on the ground of parity, he prayed for the grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and submitted that the petitioner had earlier filed Crl.O.P. No. 15824 of 2026 seeking anticipatory bail, which was dismissed on 23.06.2026 on the ground that the petitioner has one previous case pending against him. Though, she fairly submitted that the injured person has already been discharged from the hospital, she opposed the grant of anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis
CRL OP No. 20108 of 2026 __________ Page3 of 6
5. I have given my anxious consideration to the submissions made by the
learned counsel on either side and perused the materials available on record. 6. Considering the submissions made by the learned Government Advocate (Criminal Side) that the injured person has been discharged from the hospital, and noting that the respondent police have not made any attempt to arrest the petitioner even after it’s dismissal of earlier application, the factual position that the other co-accused has already been released on bail, this Court is of the firm view that the custodial interrogation of the petitioner is not required at this stage. Accordingly, this Court is inclined to enlarge the petitioner on anticipatory bail, 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 II at Mettur on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 https://www.mhc.tn.gov.in/judis
CRL OP No. 20108 of 2026 __________ Page4 of 6 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 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; (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.
27-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VEDA https://www.mhc.tn.gov.in/judis
CRL OP No. 20108 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate II at Mettur. 2.The Inspector of Police, Jalakandapuram Police Station, Salem District. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis
CRL OP No. 20108 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. VEDA CRL OP No. 20108 of 2026 27-07-2026 https://www.mhc.tn.gov.in/judis