T Mohan Vs The State by Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of their arrest in Crime No.438 of 2025 on the file of the respondent police.

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For Petitioner : Mr.A.Saravanan For Respondent : M/s.J.R.Archana Government Advocate (Crl. Side)

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Crl.O.P.No.31501 of 2025

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O R D E R

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The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 115(2),

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351(2) and 24(4) of BNS, 2023 in Crime No.438 of 2025, on the file of the respondent Police, seek anticipatory bail.

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The allegation against the petitioner is that due to previous enmity,

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petitioner abused the defacto complainant in filthy language and also attacked the defacto complainant with knife, due to which, defacto

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complainant sustained injuries. Hence, the case.

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Crl.O.P.No.31501 of 2025

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The learned counsel appearing for the petitioner submitted that the

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

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

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

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respondent police reiterated the prosecution case and opposed for grant of

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anticipatory bail to the petitioner. He further submitted that the injured has

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been discharged from the hospital.

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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 nature of the offences committed by the petitioners

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and the submissions made by both sides injured discharged and petitioner is

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not having bad antecedents, this Court is inclined to grant bail to the

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petitioners with certain conditions.

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Crl.O.P.No.31501 of 2025

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7.

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Accordingly, the petitioner i s ordered to be released on bail in the

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

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

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Judicial Magistrate Court, Edappadi on condition that each of the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty

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Five Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition

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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

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Crl.O.P.No.31501 of 2025 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 three 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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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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