M.Saravanan Vs The State Rep. by

PRAYER: This Criminal Original Petition is filed under Section 482 of BNNS, 2023, praying to enlarge the Petitioner on bail in the event of his arrest in Cr.No.225 of 2026 on the file of the Respondent Police .

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For Petitioner(s): M/s.C.K.Suresh For Respondent(s): Mrs. R.S.Indira, Government Advocate (crl.side)

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ORDER

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The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 329(4), 296(b), 115(2), 118(2), 351(3) of BNS, 2023 in Crime No.225 of 2026, seeks anticipatory bail.

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

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CRL OP No. 18971 of 2026

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The case of the prosecution is that the case of the prosecution is that on 12.07.2026 at about 10.30 a.m., the petitioner trespassed into the house of the de facto complainant, abused him in filthy language, assaulted him, and thereby committed the alleged offences. Based on the complaint, the present case has been registered.

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The learned counsel for the petitioner submitted that the petitioner has been falsely implicated. According to him, a dispute arose regarding the construction of a house, during which the de facto complainant abused and assaulted the petitioner, causing injuries, for which he was treated as an outpatient at JIPMER Hospital and discharged on the same day. It is further submitted that a case in Crime No.226 of 2026 has already been registered against the de facto complainant in respect of the said occurrence, and the present complaint is only a counterblast. Hence, the petitioner seeks anticipatory bail.

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The learned Government Advocate (Criminal Side) opposed the petition and submitted that though a counter case has been registered, the specific allegation against the petitioner is that he trespassed into the house of the de facto complainant and assaulted him. The investigation is still in progress, custodial interrogation is necessary, and hence, the petition deserves to be dismissed.

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

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CRL OP No. 18971 of 2026

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Considering the submissions made by the learned counsel on either

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side, the fact that the occurrence has given rise to a case and counter case, and that the petitioner has also sustained injuries in the same occurrence, this Court is of the view that custodial interrogation of the petitioner is not required. Therefore, 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 days from the date on which the order copy made ready, before the l earned District Munsif cum Judicial Magistrate, Vikravandi, Villupuram District, on condition that the petitioner shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

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

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CRL OP No. 18971 of 2026

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial.

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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17-07-2026

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JRS

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

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CRL OP No. 18971 of 2026