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2026 DAILYLAW 59027 (MAD)

P.Thomas v. State rep by its The Inspector of Police

CRL OP/20415/2026 · 2026-07-29

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 20415 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 20415 of 2026 P.Thomas S/o. Pitchaikutti, New No.4/281, Old No.4/298, Annai Nagar, Tamil Church 1st Street, Visuvasapuram, Saravanampatti, Coimbatore District.-641 035. ..Petitioner(s) Vs State rep by its The Inspector of Police Kovilpalayam Police Station, Coimbatore District. Crime No.242 of 2026. ..Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.242 of 2026 on the file of the respondent Police and thus render Justice. For Petitioner(s): Mr. Arul Kannappan For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 299 and 324(5) of BNS, Act, in Crime No.242 of 2026, on the file of the respondent Police, seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 20415 of 2026 __________ Page2 of 5 2. The allegation against the petitioner is that he, with deliberate intention, acted to hurt religious sentiments. Hence, the complaint was registered 3. The learned counsel appearing for the petitioner submitted that the FIR was registered against the petitioner on 04.07.2026 for an occurrence that allegedly took place on 30.06.2026, and despite being named as an accused, the petitioner is in no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no one was sustained injuries in the said occurrence. Hence, she opposed to grant anticipatory bail to the petitioner. 5. I have given my anxious consideration to either side submissions. 6. Considering the facts and circumstances of the case, and taking note of the submissions made by the learned counsel on both sides, it is seen that the allegation against the petitioner is that he, with deliberate intention, acted to hurt https://www.mhc.tn.gov.in/judis CRL OP No. 20415 of 2026 __________ Page3 of 5 religious sentiments. However, while looking into the fact that no one sustained any injury and it is also the case of the petitioner that that he not at all commit such alleged offence, this Court is of the view that his custodial interrogation is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, 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 District Munsif cum Judicial Magistrate Court, Annur, 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 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 am and 5.30 p.m, until further orders; https://www.mhc.tn.gov.in/judis CRL OP No. 20415 of 2026 __________ Page4 of 5 (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. 29-07-2026 DRL To 1.The District Munsif cum Judicial Magistrate Court, Annur. 2.The Inspector of Police Kovilpalayam Police Station, Coimbatore District. 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 20415 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 20415 of 2026 29-07-2026 https://www.mhc.tn.gov.in/judis