Madras High Court
CRL OP/4516/2026 of KARTHIKEYAN Vs SELVARASU on 15 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 4516 of 2026
CNR: {HCMA010298072026}
1. Karthikeyan
S/o.Tharumalingam,
No.147-A, Middle Street,
Semmedu Post,
Karukkai, Cuddalore - 607 106.
2. Deepa
D/o.Sokkalingam,
W/o.Karthikeyan,
Semmedu Post, Karukkai,
Cuddalore - 607 106.
3. Rajivgandhi
S/o.Tharumallingam,
S/o.Tharumalingam,
No.147-A, Middle Street,
Semmedu Post,
Karukkai, Cuddalore - 607 106.
4. Tharumalingam
S/o.Ramanujam,
S/o.Tharumalingam,
No.147-A, Middle Street,
Semmedu Post,
Karukkai, Cuddalore - 607 106.
..Petitioner(s)
Vs
1. Selvarasu
S/o.Venugopal,
Nadu Street, Karukkai,
Panruti.
2. The State Rep. by
The Station House Officer,
Kadampuliyur Police Station,
Cuddalore.
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, To SET ASIDE the Impugned Order,dated 29.01.2026 passed by the Learned Principal District and Sessions Judge in Crl.M.P.No.308/2026 and thus render Justice.
For Petitioner(s):
Ms.N.Lavanya
For Respondent(s):
Mr.A.Amarnath
Additional Public Prosecutor for R2
R1 - No Appearance
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ORDER
This petition has been filed to set aside the Impugned Order dated 29.01.2026 passed by the Learned Principal District and Sessions Judge in Crl.M.P.No.308/2026.
2. The petitioners are arrayed as A1 to A6 in Crime No.57 of 2025 registered for the offences under Sectiosn 296(b), 115(2), 74 and 351(2) of
BNS. Pursuant of the registration of FIR the petitioners apprehends arrest at the hand of the second respondent herein. Therefore, they filed the petition for anticipatory bail in Crl.M.P.No.1682 of 2025. After considering the facts and circumstances of the case, the Principal District Judge, Cuddalore granted anticipatory bail to the petitioners herein by order dated 04.03.2025. Thereafter, the second respondent filed a petition to cancel the anticipatory bail in Crl.M.P.No.308 of 2026 on the ground that on 13.01.2026 the accused trespassed into the house of the defacto complainant and abused all family members with filthy language and attacked severely, and also demanding to withdraw the criminal case pending against them. The trial Court without ordering notice to the petitioners / accused herein cancelled the anticipatory bail granted to them. For the occurrence took place on 13.01.2026 the second respondent herein registered the another FIR in Crime No.20 of 2026 in which all the accused persons were arrested and remanded to the judicial custody. Subsequently, they were granted bail in Crl.M.P.No.413 of 2026 dated 27.01.2026 on the file of the Principal District Court, Cuddalore. In view of the above circumstances, the custodial interrogation of the petitioners does not required in Crime No.57 of 2025, since already they were arrested and remanded to judicial custody for the subsequent occurrence allegedly took place on 13.01.2026.
G.K.ILANTHIRAIYAN, J. RNA
3. In view of the above, the impugned order dated 29.01.2026 in Crl.M.P.No.308 of 2026 passed by the learned Principal District and Sessions Judge, Cuddalore, is hereby set aside and this petition is allowed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RNA To
1. The Principal District and Sessions Judge, Cuddalore.
2. The Station House Officer, Kadampuliyur Police Station, Cuddalore.
3. The Public Prosecutor, High Court, Madras.
15-10-2026