V. Sundar Vs State rep by The Inspector of Police

PRAYER This petition has filed under Section 482 of BNSS, 2023, seeking to enlarge the petitioner on bail in the event of his arrest in Crime No.301 of 2025 on the file of the Inspector of Police, Thalainayar Police Station, Nagapattinam District.

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For Petitioner(s): No Appearance

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For Respondent(s): Mr.S.Udayakumar Government Advocate Crl.side

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

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CRL OP No. 28984 of 2025

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ORDER

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The petitioner herein apprehends arrest at the hands of the respondent

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police for the offences punishable under Sections 329(4), 296(b), 118(1) and

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351(3) of the Bharatiya Nyaya Sanhita and Section 4 of Tamil Nadu Prohibition

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of Women Harassment Act, in Crime No.301 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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The allegation against the petitioner is that on 19.10.2025, the petitioner, along with two other accused, trespassed into the defacto complainant's house and attacked the defacto complainant and his wife, as a result of which the defacto complainant and his wife sustained grievous injuries.

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Hence, the complaint.

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The learned counsel appearing for the petitioner submitted that

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petitioner is an innocent person and he has been falsely implicated in this case.

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Hence, he prayed for grant of anticipatory bail to the petitioner.

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

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CRL OP No. 28984 of 2025

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The learned Government Advocate (Crl.Side) appearing for the

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respondent police reiterated the prosecution case and submitted that injured victim has been discharged from the hospital. Hence, he opposed for grant of

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anticipatory bail to the petitioner.

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Heard the learned counsels on either side and perused the materials

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available on record.

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Considering the submissions made by the learned counsels on either

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side and the fact that the injured victim has been discharged from the hospital,

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this Court is inclined to grant anticipatory bail to the petitioner with certain

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conditions:

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Accordingly, the petitioner is ordered to be released on bail in the event

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of arrest or on his appearance, within a period of ten days from the date of

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receipt of a copy of this order, before the learned District Munsif cum Judicial

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Magistrate, Vedaranyam, on condition that the petitioner shall execute a bond

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

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CRL OP No. 28984 of 2025

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for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties

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each for a like sum to the satisfaction of the learned Magistrate concerned, and

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on further condition that:

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[a] if the petitioner fails to surrender before the

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concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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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

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

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CRL OP No. 28984 of 2025

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Supreme Court in P.K.Shaji vs. State of Kerala [ (2005)13 SCC 283 ];

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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25-10-2025

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gbi