Sathish kumar Vs The State Rep By, The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.213 of 2026 on the file of the respondent police pending investigation and thus render justice.

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For Petitioner(s): S. Sugendran For Respondent(s): Mr.N.Palanivel 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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296(b), 115(2), 118(1), 324(3), of BNS, Act r/w Section 4 of TNPHW Act in Crime No. 213 of 2026 on the file of the respondent police seeks anticipatory bail.

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

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CRL OP No. 16658 of 2026

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The case of the prosecution is that petitioner assaulted the defacto

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complainant using hand and also abused her in a abusive language. Hence, the case.

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The learned counsel for the petitioners submitted that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that he is 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 petitioner.

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The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there is no serious injury to any one. However, he opposed to grant anticipatory bail to the petitioner.

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

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

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CRL OP No. 16658 of 2026

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Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, it is seen that this is a case and case in counter and both the petitioner and defacto complainant are neighbors. From the submissions made by learned Government Advocate (Crl.Side), it is seen that there is no serious injury to any one. Considering such

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a fact, this Court is of the firm view that at this length of time, custodial interrogation of the petitioner is not required for the purpose of investigation. 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 on which the order copy is made ready, before the learned District Munsif cum Judicial Magistrate, Uthukottai. on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only),

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

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CRL OP No. 16658 of 2026

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

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01-07-2026

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

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To:

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