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2026 DAILYLAW 7675 (MAD)

A.Murugesan v. The Inspector of Police,

CRL OP/6934/2026 · 2026-03-17

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 6934 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-03-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 6934 of 2026 A.Murugesan ..Petitioner(s) Vs The Inspector of Police, Hudco Police Station, Krishnagiri. (Crime No.52/2026) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to enlarge the petitioner on an Anticipatory Bail in the event of his arrest by the respondent police in Crime No.52 of 2026 on the file of the Inspector of Police, Hudco Police Station, Krishnagiri District. For Petitioner(s) : Mr.Manikannan Poongavanam For Respondent(s) : Mr.P.Dhileepan, Government Advocate (Crl.Side) ORDER The petitioner apprehends arrest for the alleged offence under Section 296(b), 115(2), 118(1) & 351(3) of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 on the file of the respondent police seeks anticipatory bail. 2. It is the case of the prosecution that de facto complainant is the https://www.mhc.tn.gov.in/judis CRL OP No. 6934 of 2026 __________ Page2 of 6 brother’s wife of the petitioner. Due to a land dispute, there was an altercation between the petitioner and the de facto complainant. Hence, the complaint. 3. The learned counsel appearing for the petitioner submits that the injuries sustained by the de facto complainant is simple in nature and he has been discharged from the hospital and there is also a counter case against the de facto complainant. He further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police fairly submits that the de facto complainant has been discharged from the hospital. 5. I have given my anxious consideration to the submissions made by the learned counsel on either side and also perused the records available. 6. The entire issue revolves around the physical assault committed by the petitioner on the de facto complainant. From the submissions made by the learned Government Advocate (Crl.Side), it is seen that the injured has been discharged from the hospital and also taking into consideration the date of registration of the First Information Report, at this length of time, the custodial https://www.mhc.tn.gov.in/judis CRL OP No. 6934 of 2026 __________ Page3 of 6 interrogation of the petitioner is not required. Hence, 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 Court-II, Hosur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 everyday at 10.30 a.m. and 5.30 pm., for a period of four 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 https://www.mhc.tn.gov.in/judis CRL OP No. 6934 of 2026 __________ Page4 of 6 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. 17-03-2026 rap https://www.mhc.tn.gov.in/judis CRL OP No. 6934 of 2026 __________ Page5 of 6 To 1. The Judicial Magistrate Court-II, Hosur. 2. The Inspector of Police, Hudco Police Station, Krishnagiri. 3. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 6934 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. rap CRL OP No. 6934 of 2026 17-03-2026 https://www.mhc.tn.gov.in/judis