Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.02.2026
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR Nazir Ahamed @ Nazir ... Petitioner/A2 Vs. The State Rep. By, The Inspector of Police, T-14, Mangadu Police Station, Chennai. Crime No.46 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.46 of 2026 on the file of the respondent police. For Petitioner : Mr.Mohamed Riyas M 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 115(2), 118(1), 351(3), 296(b), 126(2) of BNS and Section 4 of Women Harassment in Crime No.46 of 2026, on the file of the respondent Police, seeks anticipatory bail.
2. The allegation against the petitioner is that the petitioner along with
other accused objected the defacto complainant to park his two wheeler in the road, due to which, there was a wordy quarrel between them and the petitioner attacked the defacto complainant with wooden logs and caused severe injuries to him. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the
petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. He also submitted that the co-accused has been granted anticipatory bail by this Court in Crl.O.P.No.2520 of 2026 Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent police reiterated the prosecution case and submitted that the injured has been discharge from the hospital. However, he opposed for grant of bail to the petitioner.
5. I have gone through the FIR and other connected records.
6. Considering the nature of offence allegations and the fact that the
co-accused had been granted anticipatory bail and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:
7. 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 Court, Sriperumbudur, 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 two weeks 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.
10.02.2026 sma To
1. Judicial Magistrate Court, Sriperumbudur 2.The Inspector of Police, Bazaar Police Station, Coimbatore City. 3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
sma 10.02.2026