CRL OP/9959/2026 of T.Chandru Vs The State Rep.by its, The Inspector of Police,

CRL OP No. 9959 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-04-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 9959 of 2026 1. T.Chandru S/o.Tamilselvan No.63, 5th Street, Pudupattinam Kuppam, Pudupattinam, Kalpakkam Kancheepuram, Pincode 603 102 2. G.Arumugam S/o.Gajendiran No.127, Chinnamman Kovil Street, Pudupattinam Kuppam VTC. Pudupatinam PO, Kalpakkam Kancheepuram District. Pincode - 603 102. 3. K.Suresh S/o. Kuppuraji, Mettu Street, Pudupattinam Kuppam, Pudupattinam,Kalpakkam, Tirukalukundram, Kancheepuram. Pincode 603 102 ..Petitioner(s) Vs The State Rep.by its, The Inspector of Police, (Law and Order) Kalpakkam Police Station, Chengalpattu District. (Crime No.11 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioners on bail in the event of their arrest in the above case in https://www.mhc.tn.gov.in/judis CRL OP No. 9959 of 2026 __________ Page2 of 6 Crime No.11 of 2026 which is pending on the file of the Respondent Police. For Petitioner(s): Mr. L.Gavaskar For Respondent(s): MR.P.DHILEEPAN, GOVT.ADVOCATE (CRL SIDE) ORDER The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 109(1), 121(1) and 351(3) of BNS, Act in Crime No.11 of 2026, on the file of the res pondent Police, seek anticipatory bail. 2. The allegation against the petitioners is that they assaulted police constables while they were on bandobust duty. Hence, the complaint. 3. The learned counsel appearing for the petitioners submitted that t he occurrence took place on 16.02.2026 and that the co-accused was released on bail by this Court in Crl.OP.No.7289 of 2026 dated 23.03.2026. Hence, he seeks anticipatory bail to the petitioners. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the earlier anticipatory bail petition was dismissed on 25.03.2026 https://www.mhc.tn.gov.in/judis CRL OP No. 9959 of 2026 __________ Page3 of 6 and that there is no change in circumstances in the present applica tion. Hence, he opposed to grant anticipatory bail to the petitioners. 5. I have given anxious consideration to the submissions made by the learned counsel on either side. 6. On perusal of the earlier dismissal order dated 25.03.2026, it is seen that the factum of grant of bail to the co-accused was not brought to the notice of this Court. Hence, this Court would like to give parity to t he petitioner with the co-accused, and considering that the injured has been discharged fr om the hospital, this Court is of the view that custodial interrogation of t he petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fiftee n (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court at Tirukalukundram, on condition that the petitioners shall execute a separate 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: https://www.mhc.tn.gov.in/judis CRL OP No. 9959 of 2026 __________ Page4 of 6 (a) If the petitioners 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 petitioners shall report before the trial Court daily at 10.30 am for a period of two weeks; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 21-04-2026 DRL https://www.mhc.tn.gov.in/judis CRL OP No. 9959 of 2026 __________ Page5 of 6 To 1.The Judicial Magistrate Court, Tirukalukundram. 2.The Inspector of Police, (Law and Order) Kalpakkam Police Station, Chengalpattu District. 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 9959 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. DRL CRL OP No. 9959 of 2026 21-04-2026 https://www.mhc.tn.gov.in/judis