Kattaiyan Vs State rep.by

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.118 of 2026 on the file of the respondent police.

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For Petitioner: Mr.P.Sridhar For Respondent: Ms.R.S.Indira Government Advocate (Crl.Side)

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ORDER

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The petitioner apprehends arrest for the alleged offence under Sections

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126, 296(b), 118(1) and 351(3) of BNS in Crime No.118 of 2026 on the file of the respondent police seeks anticipatory bail.

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The case of the prosecution is that on 01.06.2026, the petitioner along

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with others abused the defacto complainant in filthy language, assaulted him and criminally intimidated him. Hence the case.

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

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CRL OP No. 15326 of 2026

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The learned counsel appearing for the petitioner would submit that the petitioner is innocent and has been falsely implicated due to previous enmity. It is further submitted that the petitioner is a permanent resident and is ready to

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abide by any conditions imposed by this Court. Therefore, he prayed to grant anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) would submit that the injured was discharged on the very same day. Hence, he opposed to grant anticipatory bail to the petitioner.

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I have given anxious consideration to the submissions made by the learned counsel on either side.

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Taking note of the submissions made by the learned counsel on both sides and considering the fact that the injured was discharged on the same day and that the petitioner has no previous criminal antecedents, this Court is of the view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date

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

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CRL OP No. 15326 of 2026

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on which the order copy is made ready, before the learned District Munsif -

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Cum Judicial Magistrate, Gummidipoondi, Tiruvallur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty

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Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

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(a) If the petitioner 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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(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;

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(c) The petitioner 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;

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(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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];

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

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CRL OP No. 15326 of 2026

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(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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18-06-2026

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NSL