Rajesh Vs The 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 Petitioners on bail in the event of their arrest by the Respondent Police concerned in Cr.No.Not Known of 2026 on the file of the Respondent.

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

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ORDER

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The petitioners apprehend arrest for the alleged offence under Sections

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296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No. not known of

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2026 on the file of the respondent police seek anticipatory bail.

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

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CRL OP No. 19612 of 2026

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The case of the prosecution is that there is a family dispute between petitioners and one of their family members. When the defacto complainant trying to compromise them, the petitioners slapped the defacto complainant’s face and abused her. 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 de facto complainant 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 submitted that this is a case and case in counter. She submits that petitioners have no criminal antecedents. However, she opposed to grant anticipatory bail to the petitioners.

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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, from the submissions made by learned Government Advocate (Crl.Side), it is seen that

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

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CRL OP No. 19612 of 2026

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this is a case and case in counter and the defacto complainant is none other than the brother of this petitioner. It is further seen that the petitioners have no criminal antecedents and the occurrence took place in furtherance of drawing of palm nectar and no one sustained any injury. In such view of the circumstances, this Court is of the firm view that the custodial interrogation of the petitioners are not required. 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 Judicial Magistrate Court, Katpadi 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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(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. 19612 of 2026

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(c) The petitioners 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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(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 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

23-07-2026

NR

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