Kajasharef Vs State By The Inspector of Police

PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest in Crime No.100 of 2026, on the file of the Inspector of Police, Chengam Police Station, Thiruvannamalai District.

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For Petitioner: Mr.S.Silambu Selvan 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 296(b), 115(2), 118(1), 126(2), 351(3) of BNS 2023 in Crime No.100 of 2026 on the file of the respondent police seeks anticipatory bail.

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The case of the prosecution is that on 09.05.2026 at about 3.30 p.m.,

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when the defacto complainant was proceeding on his two-wheeler, a dog

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

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CRL OP No. 15404 of 2026

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allegedly attempted to bite him. Aggrieved by the same, the defacto complainant went to the petitioner's house and questioned them regarding the dog. At that time, the petitioner along with others allegedly abused the defacto complainant in filthy language and assaulted him.

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The learned counsel appearing for the petitioner would submit that the occurrence arose out of the issue relating to the dog bite incident. The petitioner is a law-abiding citizen and has been falsely implicated in the case. It is further submitted that the petitioner has no previous criminal antecedents and is ready to cooperate with the investigation. Therefore, he prayed to grant anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) would submit that according to the prosecution, the petitioner came along with about 20 persons and attacked the defacto complainant. However, it is fairly submitted that the injured has already been discharged from the hospital.

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

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This Court is of the view that the occurrence appears to have taken place in furtherance of the dispute arising out of the dog bite incident on

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

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CRL OP No. 15404 of 2026

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09.05.2026. Though allegations have been made against the petitioner, taking into consideration the fact that the injured has already been discharged from the hospital and considering the totality of the circumstances, this Court is of the view that custodial interrogation of the petitioner is not required, 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 Judicial Magistrate, Chengam, Thiruvannamalai, on condition that the petitioner shall execute a 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 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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https://www.mhc.tn.gov.in/judis

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CRL OP No. 15404 of 2026

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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.

18-06-2026

NSL

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