Allowed

Udhayakumar v. State by, The Inspector of Police

Madras HC23 Jan 2026/1459/2026

Case brief

AI extract

What is this about?

The Madras High Court granted anticipatory bail to the petitioner in a BNS case involving assault, despite a previous refusal. The court ruled custodial interrogation unnecessary as the victim had been discharged from the hospital.

What did the court decide?

Petitioner released on bail in the event of arrest, conditioned upon bond execution, daily police reporting for two weeks, and surrender within 15 days.

Udhayakumar Vs State by, The Inspector of Police — Anticipatory Bail | Madras HC (2026)

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Crl.OP.No. 1459 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.01.2026 CORAM THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 1459 of 2026

Udhayakumar

...Petitioner-A2

Versus

The State rep. by The Inspector of Police Moulivakkam Police Station Avadi City Kancheepuram District Crime No.55 of 2025.

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Respondent

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PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Cr.No.55 of 2025 on the file of the respondent police.

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For Petitioner : Mr.Vijay Anand Sivaraman For Respondent : Ms.J.R. Archana Government Advocate (Criminal Side)

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O R D E R

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The petitioner, who apprehends arrest at the hands of the respondent

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police for the offences punishable under Section 126, 115(2), 118(1), of BNS, 2023 (Corresponding to Sections 339, 323, 324 of Repealed IPC, 1860) in Crime No. 55 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No. 1459 of 2026 2.The allegation against the petitioner is that on 20.10.2025 at 22.45

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hours, when the de-facto complainant was returning home on his two wheeler, the petitioner joining hands with other accused attacked him with a stick indiscriminately beaten him. Due to the impact, the de-facto complainant sustained injuries on his head and he was rescued by passersby, admitted in the hospital. Hence the case has been registered.

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The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that he has not committed any offence as alleged by the prosecution. He also submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for his release. Hence, he prays for grant of anticipatory bail to the petitioners.

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Earlier this Court dismissed the anticipatory bail application of the

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petitioner herein in Crl.O.P.No. 30091 of 2025, dated 05.11.2025 on the ground that the injured still undergoing treatment in the hospital. Now, it is reported that the injured discharged from the hospital.

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No. 1459 of 2026

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Heard the learned counsels and perused the materials available on

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record .

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Considering the nature of the allegations, and the petitioner is not having any previous case; that the injured is discharged from the hospital, I am of the view that the custodial interrogation of the petitioner is not necessary to investigate the case of this nature, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on thei r appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sriperumbudur, Kancheepuram District. on condition that the petitioner s shall execute a bond for a sum of Rs. 2 0,000/- (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:

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(a) If the petitioner fail to surrender before the concerned Magistrate, within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No. 1459 of 2026

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[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;

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[ 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;

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[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 ];

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No. 1459 of 2026

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[e] If the accused thereafter absconds, a fresh FIR

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can be registered under Section 269 of B.N.S.

23.01.2026

MSM

1.The Judicial Magistrate, Sriperumbudur. Kancheepuram District.

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2 .The Inspector of Police Moulivakkam Police Station Avadi City Kancheepuram District Crime No.55 of 2025.

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The Public Prosecutor, High Court of Madras.

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https://www.mhc.tn.gov.in/judis

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Crl.OP.No. 1459 of 2026

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K.RAJASEKAR, J.

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MSM

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Crl.O.P.No. 1459 of 2026

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23.01.2026

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https://www.mhc.tn.gov.in/judis

Udhayakumar v. State by, The Inspector of Police

Case brief

What is this about?

What did the court decide?

Udhayakumar v. State by, The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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