C.Suresh Alias Suresh Kumar Vs The State by

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of his arrest in Cr.No.432 of 2025 pending investigation on the file of the Inspector of Police, Magudanchavadi Police Station, Salem District.

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

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ORDER

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The petitioner, who apprehends arrest for the alleged offence under Sections 296(b), 115(2), 324(4), 74 and 351(4) of BNS, 2023 in Cr.No.432 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/5

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

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The allegation against the petitioner is that there was a quarrel arose

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between the petitioner and the defacto complainant regarding land dispute. Due to which, the petitioner abused and assaulted her with hands, snatched her phone and smashed it on the stone and also criminally intimidated them, which led to the registration of an FIR. Hence, the present petition has been filed seeking anticipatory bail.

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The learned counsel appearing for the petitioner submitted that the

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petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to cooperate for the investigation and also ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of 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 the investigation in this case is pending. Hence, he vehemently opposed the grant of anticipatory bail.

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Heard both sides and perused the materials available on record.

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Considering the nature of allegations and investigation is pending

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in this case and petitioner is not having any previous cases, injured sustained simple injuries, I am 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 made, before the learned Judicial Magistrate-II, Sankari on condition that the petitioner shall execute a bond for a sum of Rs. 2 0,000/- (Rupees Twenty Thousand only) with two

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sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:

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(a) If the petitioner 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 daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for

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

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