Arul @ Arun kumar Vs State rep.by its

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioner on bail in the event of his arrest in connection with in Cr. No.158 of 2026 pending on the file of the respondent police.

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For Petitioner: Mr. D Dayalan 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 115(2), 296(b), 74 of the Bharatiya Nyaya Sanhita, 2023 (323, 294(b), 354 of I.P.C. in Crime No.158 of 2026 on the file of the respondent police seeks anticipatory bail.

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The case of the prosecution is that the petitioner has caused nuisance

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

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CRL OP No. 15407 of 2026

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after consumption of liquor. In furtherance thereof, the occurrence took place. The petitioner along with other accused abused the de facto complainant’s father in filthy language and attacked using hands. Hence, the case.

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The learned counsel for the petitioner submitted that the petitioner is innocent. He further submitted that A1 has already been arrested and enlarged on bail in Crl.MP.No.555 of 2026 dated 09.06.2026 by the learned Judicial Magistrate-II, Arakkonam. 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 the person who sustained injury has been treated as Out patient and discharged. Hence, 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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Considering the facts and circumstances of the case, taking note of the submissions made by the learned counsel on both sides, taking into consideration of the above peculiar circumstances and upon the fact that the

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

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CRL OP No. 15407 of 2026

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injured person has been discharged from hospital, this Court is of the firm 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 on which the order copy is made ready, before the learned Judicial Magistrate-II, Arakkonam, 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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(c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

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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

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

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CRL OP No. 15407 of 2026

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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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18-06-2026

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

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SHL

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To

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