Karthick.N Vs The Inspector of Police

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 115(2), 118(1) of BNS, 2023 in Crime No.30 of 2026, seeks anticipatory bail.

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The case of the prosecution is that due to wordy quarrel, the petitioner abused the defacto complainant and assaulted him with iron rod and caused fracture. Hence the complaint.

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The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that there are no bad antecedents against the petitioner and the arrested accused were released on bail. Therefore, he prays for grant anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.side) would submit that the injured has been discharged from the hospital and there are no previous cases against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.

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Considering the above fact and circumstances of the case and also

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

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CRL OP No. 3910 of 2026

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considering the fact that the victim discharged from the hospital; there are no bad antecedents against the petitioner; and that the arrested accused were released on bail, this Court is inclined to grant anticipatory bail to the petitioner with 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 made ready, before the learned Judicial Magistrate Court, Tiruvottiyur, on condition that the petitioner shall execute a bond for

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a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition:

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(a) If the petitioners fails to surrender before the concerned 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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(d) On breach of any of the aforesaid conditions, the learned

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

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CRL OP No. 3910 of 2026

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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 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

17-02-2026

MPA

To

1.The Judicial Magistrate Court, Tiruvottiyur. 2. The Inspector of Police, H-8 Police Station, Washermenpet, Tiruvottiyur, Tiruvallur. Crime No.30 of 2026

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3.The Public Prosecutor, High Court of Madras.

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

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CRL OP No. 3910 of 2026

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K.RAJASEKAR, J.

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MPA