S.Sakthivel Vs State by — Anticipatory Bail | Madras HC (2026)

S.Sakthivel Vs State by — Anticipatory Bail | Madras HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted subject to conditions: release before the learned Judicial Magistrate-II, Poonamallee within fifteen days on a separate bond of Rs.20,000/- with two sureties each, daily reporting before respondent police at 10.30 a.m. for two weeks, and further conditions on surrender, surety identification and consequences of breach.

Issue for consideration

Whether the petitioners, who apprehend arrest in Crime No. 523 of 2026 for alleged offences under Sections 329(3), 296(b), 115(2), 351(2) of BNS r/w 4 of TNPHW Act, should be granted anticipatory bail. +1 more

Court's answer

Anticipatory bail granted: the petitioners are to be released on bail in the event of arrest or on their appearance within fifteen days from the date the order copy is made ready, before the learned Judicial Magistrate-II, Poonamallee, on executing a separate bond of Rs.20,000/- with two sureties each for a like sum.

Ratio / Principle

Taking into account that the injured has been discharged and the allegation concerns the petitioners' presence at the defacto complainant's birthday function, the Court concluded that at this length of time custodial interrogation of the petitioners is not required for the purpose of investigation.

Key takeaways

Conditions imposed include automatic cancellation of the order if the petitioners fail to surrender before the Magistrate within fifteen days; verification of sureties' identity; daily reporting before the respondent police at 10.30 a.m. for two weeks and thereafter as required; on breach the Magistrate may act as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala; absconding permits a fresh FIR under Section 269 of BNS Act.ratio¶38

Detailed headnote1 paragraphs

High Court of Madras (C.Kumarappan, J.), CRL OP No. 16637 of 2026, order dated 01-07-2026: anticipatory bail granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023 to three petitioners apprehending arrest in Cr.No.523 of 2026 (T-4 Maduravoyal Police Station) for alleged offences under Sections 329(3), 296(b), 115(2), 351(2) of BNS r/w 4 of TNPHW Act arising from a wordy quarrel at the defacto complainant's birthday function. With the injured discharged from hospital and custodial interrogation held unnecessary at this length of time, the petitioners are to appear before the Judicial Magistrate-II, Poonamallee within fifteen days on a separate bond of Rs.20,000/- each with two sureties each, report daily at 10.30 a.m. for two weeks; failure to surrender auto-cancels the order, breach attracts action as laid down in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560], and absconding permits a fresh FIR under Section 269 of BNS Act.

CRL OP No. 16637 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

CRL OP No. 16637 of 2026

S.Sakthivel 2. R.Hemachandran 3. G Suryaprakash

..Petitioner(s)

Vs

State by The Inspector of Police, T-4, Maduravoyal Police Station, Chennai-600 095. Cr.No.523 of 2026.

..Respondent(s)

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to grant bail to the petitioners in the event of their arrest pending investigation in Cr.No.523 of 2026 on the file of The Inspector of Police, T-4, Maduravoyal Police station, chennai.

For Petitioner(s): Rajakumar S For Respondent(s): Mr.N.Palanivel Government Advocate (Crl.side) M/s.E.Sharmila for Intervenor

ORDER

The petitioners apprehends arrest for the alleged offence under Sections

329(3), 296(b), 115(2), 351(2) of BNS r/w 4 of TNPHW Act in Crime No. 523

of 2026 on the file of the respondent police seeks anticipatory bail.

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CRL OP No. 16637 of 2026

The case of the prosecution is that there was a wordy quarrel between

the petitioners and his friends in the birthday function arranged by defacto complainant during which, the petitioners alleged to have attacked some unknown persons. Hence, the case.

The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, though there was

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CRL OP No. 16637 of 2026

intervention made by the defacto complainant, from the submissions made by learned Government Advocate (Crl.Side), it is seen that injured got discharged and nature of allegation against these petitioners is that they have participated in

the birthday function of the defacto complainant without invitation. But according to the petitioners, they were invited by the defacto complainant. In such view of the position, considering the totality of the circumstances and upon the fact that injured got discharged, this Court is of the view that at this length of time, custodial interrogation of the petitioners are not required for the purpose of investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate-II, Poonamallee 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:

(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;

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CRL OP No. 16637 of 2026

(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 respondent Police everyday 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 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.

01-07-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No nr

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CRL OP No. 16637 of 2026

To:

The Judicial Magistrate-II, Poonamallee .

The Inspector of Police, T-4, Maduravoyal Police Station, Chennai-600 095.

3.The Public Prosecutor, High Court of Madras.

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CRL OP No. 16637 of 2026

C.KUMARAPPAN, J.

NR

CRL OP No. 16637 of 2026

01-07-2026

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