Rajadurai Vs The State rep by, Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in event of his arrest in Crime No. 40 of 2026 on the file of the respondent Police and thus render Justice.

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For Petitioner(s): Mr. K.Kannan For Respondent(s): MR.P.DHILEEPAN, GOVT.ADVOCATE (CRL SIDE)

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ORDER

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The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2), 133, 118(1) and 351(3) of BNS r/w Section 4 of TNPWH Act, in Crime No.40 of 2026 on the file of the respondent police seeks anticipatory bail.

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

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CRL OP No. 9343 of 2026

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The case of the prosecution is that, due to previous enmity, the petitioner assaulted the defacto complainant with iron rod, thereby causing injuries. Hence, the complaint.

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The learned counsel appearing for the petitioner submitted that ithe petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought anticipatory bail for the petitioner.

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The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that it is a cae and case in counter. He further submitted that the injured was treated as out-

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patient and was discharged from the hospital on the same day. However, he opposed to grant anticipatory bail to the petitioner.

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I have given anxious consideration to the submissions made by the learned counsel on either side and also perused the records available.

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Taking into consideration the nature of the allegations, the fact that it is a case and case in counter and that the FIR came to be registered on 12.03.2026, and further that the injured has already been discharged from the hospital, this

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

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CRL OP No. 9343 of 2026

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Court is inclined to enlarge the petitioner on anticipatory bail, 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 is made ready, before the learned Judicial Magistrate, Tittakudi, on condition that the petitioner shall execute a bond

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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 petitioner 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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(c) The petitioner shall report before the respondent police daily at 10.30 a.m and 5.30 p.m for a period of two weeks.

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(d) On breach of any of the aforesaid conditions, the

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

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CRL OP No. 9343 of 2026

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

15-04-2026

DRL

To

1.The Judicial Magistrate, Tittakudi.

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2.The Inspector of Police, Tittakudi Police Station Cuddalore District. Crime No. 40 of 2026.