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2026 DAILYLAW 65608 (MAD)

Arun @ Vijayakumar v. The State rep. by The Inspector of Police

CRL OP/1055/2026 · 2026-01-19

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.1055 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.01.2026 CORAM THE HONOURABLE Mr. JUSTICE K. RAJASEKAR Crl.O.P.No.1055 of 2026 1.Arun @ Vijayakumar 2.Kasiyammal ... Petitioners Vs. The State rep. by The Inspector of Police, Thiruvannamalai East Police Station, Thiruvannamalai District. ... Respondent (Crime No.664 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in event of arrest pending investigation in Crime No.664 of 2025 on the file of the respondent police. For Petitioners : Mr.S.Seenuvase For Respondent : Ms.J.R.Archana, Government Advocate (Crl.Side) ORDER The petitioners apprehend arrest for the alleged offence under Section 296(b), 115(2), 118(1), 353(3) of BNS read with under Section 4 of the Special Act of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.664 of 2025 on the file of the respondent police seeks anticipatory bail. 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1055 of 2026 2. The prosecution case is that due to previous enmity with regard to the chit fund issue, there was wordy quarrel arose between themselves resulting which, the petitioners abused the defacto complainant and assaulted him with hands and thereby caused injury to him. Hence, a case has been registered. 3. The learned counsel for the petitioners submitted that petitioners are innocent and they have not committed any 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 conditions that may be imposed by this Court and ready to cooperate with the investigation. Hence, he prayed 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 the injured is still taking treatment as out-patient. He further submitted that the petitioner is not having any previous cases. However, he opposed to grant anticipatory bail to the petitioner. 5. Considering the facts and circumstances of the case and the submissions made by the learned counsel on both sides; and the nature of allegations levelled against the petitioner; and no previous bad antecedents has 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1055 of 2026 been registered against him; I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 6. 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, Thiruvannamalai, 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 K.RAJASEKAR, J. ssi of identify proofs to ensure their identity; (c) The petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of three weeks 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.1055 of 2026 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. 19.01.2026 ssi To 1.The Judicial Magistrate-II, Thiruvannamalai. 2.The Inspector of Police, Thiruvannamalai East Police Station, Thiruvannamalai District. 3.The Public Prosecutor, High Court of Madras. Crl.OP.No.1055 of 2026 4/4 https://www.mhc.tn.gov.in/judis