Oviya Vs The State rep.by

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

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For Petitioner(s): M/S. K.Karthick 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), 324(3), 118(1) of BNS r/w Section 4 of TNPHW Act, in Crime

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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. 16489 of 2026

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The case of the prosecution is that due to previous enmity, the

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petitioners assaulted the defacto complainant using hands and also abused her in a filthy language. Hence, the case.

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The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that they are 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 petitioners.

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The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

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5. I have given my anxious consideration to either side submissions and

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perused the materials available on record.

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

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CRL OP No. 16489 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 the issue is between neighbors. Taking into consideration the totality of the circumstances, and upon the fact that the occurrence took place on 16.06.2026 and the injured has been discharged from the hospital on 17.06.2026, this Court is of the view that at this length of time, custodial interrogation of the petitioners are not required for the purpose of investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioners, 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 District Munsif cum Judicial Magistrate, Uthukottai 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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https://www.mhc.tn.gov.in/judis

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CRL OP No. 16489 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 petitioners 3 and 4 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 and the petitioners 1, 2 and 5 shall report before the respondent Police 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 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.

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30-06-2026

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Index: Yes/No

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

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NR

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