Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2026
CORAM
THE HONOURABLE Mr. JUSTICE K. RAJASEKAR M.Subramani ... Petitioner Vs. State rep. by, The Inspector of Police, V-5 Thirumangalam Police Station Chennai. ... Respondent (Crime No.11 of 2026) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in event of arrest pending investigation in Crime No.11 of 2026 on the file of the respondent police. For Petitioner : Mr.R.Gangadharan For Respondent : Ms.J.R.Archana, Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(1), 351(3) of BNS, in Crime No.11 of 2026 on the file of the respondent police seeks anticipatory bail.
2. The allegation against the petitioner is that the petitioner driven the
bike rashly and the same was questioned by the defacto complainant there was quarrel arose between them. Due to which, the petitioner abused the defacto complainant by using filthy language and also assaulted him with helmet and caused injury on his head. Hence, a case has been registered.
3. The learned counsel for the petitioner submitted that the petitioner is
an innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case due to previous enmity between the parties. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed 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 the injured has been discharged from the hospital and no previous bad antecedents have been registered against him. However, she opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, taking note of
the submissions made by the learned counsel on both sides, nature of allegations levelled against the petitioner, the petitioner is not having previous bad antecedents, and also considering the fact that the injured has been discharged from the hospital, 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 XIII Metropolitan Magistrate, Egmore, Chennai, 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 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;
K.RAJASEKAR, J.
ssi
(c) The petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of three 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. 21.01.2026 ssi To 1.The XIII Metropolitan Magistrate, Egmore, Chennai.
2. The Inspector of Police, V-5 Thirumangalam Police Station, Chennai. 3.The Public Prosecutor, High Court of Madras. Crl.OP.No.1152 of 2026