Kutty @ Selvakumar Vs State Rep by The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Crime no.295 of 2026 on the file of Respondent Police.

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For Petitioner(s): M/S. Sasikumar R For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)

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ORDER

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The petitioner apprehends arrest for the alleged offence under Sections 191(2), 191(3), 126(2), 127(2), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.295 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. 18647 of 2026

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The allegation against the petitioner is that the petitioner along with

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some other persons waylaid the da facto complainant, abused him and assaulted with hands. Hence, a case has been registered.

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The learned counsel for the petitioner submitted that the petitioner is

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innocent and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. 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 during the distribution of food at a temple festival, a wordy quarrel arose. In the course of

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the occurrence, the petitioner, along with 15 others, took the defacto complainant to a nearby ground and assaulted him, pursuant to which he was admitted to the hospital on 05.07.2026 and discharged on 06.07.2026. Hence, she opposed to grant anticipatory bail to the petitioners.

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This Court has considered the submissions made by both side learned counsels. According to the prosecution case, the occurrence took place at the time of distribution of food during a temple festival. Though the learned Government Advocate (Criminal Side) objected to the application, she fairly

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CRL OP No. 18647 of 2026

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submitted that the petitioner has no criminal antecedents and that the injured has already been discharged from the hospital. In such view of the submission, this Court is of the firm view that the custodial interrogation of the petitioner is not

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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 MagistrateII, Thiruvallur, 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., for a period of three weeks and thereafter, as and when required for interrogation;

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CRL OP No. 18647 of 2026

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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.

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16-07-2026

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JRS

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

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CRL OP No. 18647 of 2026