Anand Vs The State Rep By, The 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 arrest in Crime No.46 of 2026 on the file of the Inspector of Police, E-2, Thirupalaivanam Police Station, Tiruvallur District.

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For Petitioners: Mr.Lingakumar raja For Respondent: Ms.R.S.Indira, Government Advocate (Crl.side)

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ORDER

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The petitioners apprehend arrest for the alleged offence under Sections 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 324(4) and 351(3) of BNS in Crime No.46 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. 15344 of 2026

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The case of the prosecution is that there existed a family dispute between the defacto complainant and the petitioners and on 07.06.2026 the petitioners allegedly waylaid the defacto complainant and assaulted him and threatened him with dire consequences. Hence the case.

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The learned counsel appearing for the petitioners would submit that the petitioners were not present at the place of occurrence and have been falsely implicated. It is further submitted that the occurrence is connected with the village dispute and peace meeting, which resulted in a case and counter case between the parties. According to the petitioners, both groups sustained injuries during the altercation. Therefore, he prayed to grant anticipatory bail to the petitioners.

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The learned Government Advocate (Crl.Side) would submit that the injured persons have already been discharged from the hospital. Hence, he opposed to grant anticipatory bail to the petitioners.

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

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Considering the facts and circumstances of the case, this Court is of the view that the occurrence appears to have arisen out of a village dispute resulting

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

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CRL OP No. 15344 of 2026

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in a case and counter case. The injured persons on both sides have already been discharged from the hospital. Taking into consideration the totality of the circumstances, this Court is of the view that custodial interrogation of the petitioners is not required, subject to 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate II, Ponneri, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty 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 petitioners 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 petitioners shall report before the respondent Police, everyday at 05.30 p.m., for a period of two weeks and

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

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CRL OP No. 15344 of 2026

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thereafter, as and when required for interrogation;

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(d) On breach of any of the aforesaid conditions, the

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learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

18-06-2026

NSL

To