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2026 DAILYLAW 60159 (MAD)

Selva Bharathi v. The State Rep. by, The Inspector of Police

CRL OP/22695/2026 · 2026-08-14

N Ramesh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 22695 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH CRL OP No. 22695 of 2026 1. Selva Bharathi 2. Selva Subramaniyan 3. Selvarama ..Petitioners Vs The State Rep. by, The Inspector of Police, M-1, Virudachalam Police Station, Cuddalore. Crime No.412 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.412 of 2026 on the file of the respondent Police pending investigation. For Petitioners: Mr.K.Karthik For Respondent: Mr.R.Rajasekaran Counsel for Government of Tamil Nadu (Criminal Side) ORDER The petitioners apprehends arrest for the alleged offence under Sections 296(b), 356, 351(2), 118(2) of BNS in Crime No.412 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 22695 of 2026 __________ Page2 of 5 2. The case of the prosecution is that on 28.07.2026, the defacto complainant, Mr. Kasivishwanathan, Advocate, lodged a complaint against his clients (the petitioners). He stated that due to a misunderstanding regarding the handling of O.S. No. 61 of 2026, currently on the file of the learned Principal Sub Court at Virudhachalam, he had advised the petitioners to collect their entire case brief from his residence. When the petitioners went there, a quarrel ensued between them. Based on this complaint, the respondent police registered a case against the petitioners. 3. The learned counsel for the petitioners submitted that the petitioners were innocent and they have not committed any such offence as alleged by the defacto complainant and they have been falsely implicated in this case. He further submitted that they are ready to abide by any stringent condition that may be imposed by this Court and they are ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and upon instructions, submitted that no previous cases have been registered against the petitioners. However, he opposed to grant anticipatory bail to the petitioners. https://www.mhc.tn.gov.in/judis CRL OP No. 22695 of 2026 __________ Page3 of 5 5. I have given anxious consideration to the submissions made by the learned counsel on either side. 6. Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. 7. Accordingly, the petitioners are ordered to be released on 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 Judicial Magistrate Court, Tittagudi, on condition that the petitioners shall execute a bond each 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 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 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; https://www.mhc.tn.gov.in/judis CRL OP No. 22695 of 2026 __________ Page4 of 5 (c) The petitioners shall report before the respondent Police, everyday 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 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 absconds, a fresh FIR can be registered under Section 269 of BNS Act. 14-08-2026 NSL To 1. The Inspector of Police, M-1, Virudachalam Police Station, Cuddalore. 2. The Public Prosecutor, High Court of Madras. 3. The Judicial Magistrate Court, Tittagudi. https://www.mhc.tn.gov.in/judis CRL OP No. 22695 of 2026 __________ Page5 of 5 N.RAMESH, J. NSL CRL OP No. 22695 of 2026 14-08-2026 https://www.mhc.tn.gov.in/judis