Ezhilarasan Vs The State Rep. by

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of apprehending arrest in the Crime No.44 of 2026 on Inspector of Police, Ambattur Police Station, Tiruvallur District.

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For Petitioner : Mr.Vivek A For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

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O R D E R

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The petitioners herein apprehend arrest at the hands of the respondent

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police for the offences punishable under Sections 296(b), 115(2), 118(1) of BNS Act, in Crime No.44 of 2026, on the file of the respondent Police, seek anticipatory bail.

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The allegation against the petitioners is that, on 01.02.2026, the complainant who was in the Station duty, received the complaint from defacto complianant was working as a car polisher at Parking Cars Washing Shop, after his work is completed, the de-facto complainant went to his friend’s room on that day and the wordy quarrel arose between the A1 and defacto complainant and after that, they went to his room and on the next day, i.e., on 02.02.2026, again they went to his friend’s room and taking enmity again, wordy quarrel happened between them and thereafter A1 attacked with sizer on the de-facto complainant and due to that, the de-facto complainant suffered injury in his right side chin and ear. Based on the complaint, the respondent registered a case.

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The learned counsel for the petitioners submitted that the petitioners

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are innocent and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent conditions 2/6

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that may be imposed by this Court. Hence, she prayed for grant of anticipatory bail to the petitioners.

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The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioners have no previous cases and also submitted that the injured has been discharged from the hospital.

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However, she opposed for grant of anticipatory bail to the petitioners.

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Considering the nature of allegation and the fact that the petitioners have no previous cases and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

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Accordingly, the petitioner s are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Ambattur , on condition that each of the petitioner s 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 condition that:

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[a] if the petitioners fails to surrender before the concerned Magistrate within a period of ten 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 the identity proofs to ensure their identity;

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[c] the petitioners shall report before the respondent police daily 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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 vs. State of Kerala [ (2005)13 SCC 283 ];

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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24.02.2026

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nvi

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To