CRL OP/8969/2026 of Govindaraj Vs State rep by the Inspector of Police,

CRL OP No. 8969 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-04-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 8969 of 2026 Govindaraj S/o.Selvaraj, No.1/124, Vinayagar Koil Street, Chinnapallikuppam, Ambur, Tirupathur District. ..Petitioner(s) Vs State rep by the Inspector of Police, Umarabad Police Station. Utuarabad, Tirupathur District. (Crime No. 93 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of his attest in c rime No.93 of 2026 on the file of the Inspector of police, Umarabad Police Station, Um arabad, Tirupathur District and thus render justice. For Petitioner(s): Mr.G.Vinodh Kumar For Respondent(s): Mr.P.Dhileepan Government Advocate (Crl.Side) ORDER The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS, in Crime No.93 of 2026, on the file of the respondent Police, seeks anticipatory bail. https://www.mhc.tn.gov.in/judis CRL OP No. 8969 of 2026 __________ Page2 of 5 2. The case of the prosecution is that due to a civil dispute, when the defacto complainant attempted to dig a septic tank in the dispute d land, the petitioner questioned the same, which led to a quarrel. During the said occurrence, the defacto complainant allegedly attacked the petiti oner with an iron rod and fled from the scene. Hence, a case has been regist ered against the petitioner. 3. The learned counsel appearing for the petitioner submitted that it is a case and case in counter and that the FIR against the petitioner was registered on 23.03.2026. Hence, he prays 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 was discharged from the hospital on the next day and that there exists a civil dispute between the parties, and the pre sent occurrence took place in connection with the construction of a sewage facility. Hence, he opposed to grant anticipatory bail to the petitioner. 5. I have given my anxious consideration to either side submissions. https://www.mhc.tn.gov.in/judis CRL OP No. 8969 of 2026 __________ Page3 of 5 6. Taking into consideration of the above aspects and upon the fact that the injured was discharged from the hospital, at this length of time, the custodial interrogation of the petitioner is not required. Hence, this Court i s 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) da ys from the date on which the order copy is made ready, before the learned Additional District Munsif cum Judicial Magistrate, Ambur, 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 of identify proofs to ensure their identity; (c) The petitioner shall report before the respondent police daily at 10.30 am for a period of 30 days and thereafter as and when required; (d) On breach of any of the aforesaid conditions, the https://www.mhc.tn.gov.in/judis CRL OP No. 8969 of 2026 __________ Page4 of 5 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. 09-04-2026 DRL To 1.The Additional District Munsif cum Judicial Magistrate, Ambur. 2. The Inspector of Police, Umarabad Police Station. Utuarabad, Tirupathur District. (Crime No. 93 of 2026) 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 8969 of 2026 __________ Page5 of 5 C.KUMARAPPAN, J. DRL CRL OP No. 8969 of 2026 09-04-2026 https://www.mhc.tn.gov.in/judis