Vijaya Kumar Vs State by Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime. No. 106/ 2026 on the file of the Inspector of Police, M-2, Milk Colony Police Station, Chennai.

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For Petitioners: Mr.M.Prema Sudha

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For Respondent: Mr.P.Dhileepan Government Advocate (Crl.Side)

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ORDER

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The petitioners, who apprehend arrest at the hands of the respondent

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Police for the offences punishable under Section 296(b), 118(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No. 106 of 2026 on the file of the respondent Police, seek anticipatory bail.

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

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CRL OP No. 10901 of 2026

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The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged and have been falsely implicated in this case. He further submits that the petitioners are arrayed as A1 to A4 and that they are working in TASMAC. He further submits that the petitioners are ready and willing to furnish substantial sureties for their release and to abide by any conditions that may be imposed by this Court; therefore, he prays for the grant of anticipatory bail to the petitioners.

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The case for the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent Police while opposing the grant of anticipatory bail, is that the defacto complainant and one other person came to the TASMAC shop and quarrelled with the petitioners, whereupon the petitioners assaulted the defacto complainant and threatened him with dire consequences. He further submits that there are no previous cases pending against the petitioners.

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Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent 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. 10901 of 2026

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Taking note of the facts and circumstances of the case and the

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submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Thiruvottiyur, on condition that the petitioners execute a bond each for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties, each for a like sum, to the satisfaction of the respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

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[a] the petitioners and the sureties shall affix their photographs and

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Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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[b] the petitioners shall report before respondent police everyday at 05.30 p.m, until further orders;

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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

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[d] the petitioners shall not abscond either during investigation or trial;

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

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CRL OP No. 10901 of 2026

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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)AIR SCW 5560]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS.

29-04-2026

NSL

To