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Saminathan v. State Rep By, the Inspector of Police

GRANTED
Court
High Court of Madras
Decided
13 July 2026
Bench
C.Kumarappanauthor
Case no.
CRL OP 18188/2026

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Judgment

ORDER The petitioner apprehends arrest for the alleged offences under Sections 296(b), 118(1), 351(3), 354(4) & 74 of BNS in Crime No.237 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that there was a civil dispute between the petitioner and the defacto complainant and in this connection, there was a wordy quarrel and in furtherance there of, the petitioner assaulted the defacto complainant, due to which, the defacto complainant sustained injuries. Hence the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and a false case has been foisted against the petitioner and that he has not committed any offence as alleged by the prosecution. He further submitted the petitioner is currently employed as a Police Constable, and any custodial arrest at this stage would cause irreversible prejudice to his service career and jeopardize his livelihood. Hence, he prayed to grant anticipatory bail to the petitioner. Page3 of 6

¶4Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured was admitted in the hospital for two days and later he was discharged from the hospital on 08.07.2026. He further submitted that although the petitioner has one antecedent case registered against him under Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, that case was registered in the year of 2024 and the same is noway connected with the present issue. However, he opposed to grant anticipatory bail to the petitioner.

¶5I have given my anxious consideration to either side submissions.

¶6Considering the nature of the allegations and fact that the petitioner is a Government employee and that the injured has been discharged from the hospital, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

¶7Accordingly, 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 District Munsif cum Judicial Magistrate, Needamangalam on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), Page4 of 6 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 slip (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 two weeks and thereafter as and when required;

(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 is 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]; Page5 of 6

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 13-07-2026 Index: Yes/No Speaking/Non-speaking order MFA To

¶1The District Munsif cum Judicial Magistrate, Needamangalam.

¶2The Inspector of Police Koradachery Police Station, Tiruvarur District.

¶3The Public Prosecutor, High Court, Chennai. CRLoOPoNo.o18188oofo2026 C.KUMARAPPAN,oJ. MFA CRLoOPoNo.o18188oofo2026 13-07-2026 Page6oofo6

Case details

Parties and counsel

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Saminathan S/o. Dhoulath, No.2/87 B, Main Road,Thirupunjai, Kamalapuram,Tiruvarur 610102. ..Petitioner(s) Vs State Rep By, The Inspector of Police Koradachery Police Station, Tiruvarur District. Crime No.237 of 2026 ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the event of his arrest by the respondent police concerned in Crime NO.237 of 2026 on the file of Koradachery Police Station, Tiruvarur District or on our appearance before the concerned court and thus render justice. For Petitioner(s): M/S. Kalaikumar S For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE) Page2 of 6

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.