Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2026
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR Krishnamoorthy ... Petitioner Vs. The State Rep. By, The Inspector of Police, Naduveerapattu Police Station. Crime No.30 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.30 of 2026 on the file of the respondent police. For Petitioner : Mr.R.Ramesh For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 329(3) and 109 of BNS, 2023 in Crime No.30 of 2026, on the file of the respondent Police, seeks anticipatory bail.
2. The allegation against the petitioner is that due to property dispute,
A1 along with his family members threatened the defacto complainant by showing knife and this petitioner also joined with A1 and attacked the defacto complainant with wooden log. Hence, the case was registered.
3. The learned counsel for the petitioner submitted that the petitioner is
a senior citizen and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) reiterated the
prosecution case and submitted that the petitioner has no previous cases and also submitted that the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the nature of allegation and the fact that the petitioner
has no previous cases and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner is ordered to be released on bail in the
event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Cuddalore, 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 condition that:
[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten 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 the identity proofs to ensure their identity; [c] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of one week and thereafter as and when required for interrogation;
[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 13.02.2026 sma To
1. Judicial Magistrate No.I, Cuddalore.. 2.The Inspector of Police, Naduveerapattu Police Station. 3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
sma 13.02.2026