P. Balachandran 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 grant Anticipatory Bail to the Petitioner/accused No.3 in the event of .arrest in Crime No. 64 of 2026 on the file of the Respondent Police and thus render justice.

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For Petitioner: Ms.Gowri D For Respondent: MR.P.Dhileepan Govt Advocate (Crl.Side) For Intervenor: Mr.S.Balasubramanian

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ORDER

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The petitioner apprehends arrest for the alleged offence under Sections 191(2), 189(2), 329(3), 336(2), 336(3), 338, 340(2), 316(2), 318(4), 61(2)(b) of

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

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CRL OP No. 9563 of 2026

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BNS Act in Crime No.64 of 2026 on the file of the respondent police seeks anticipatory bail.

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The case of the prosecution is that the petitioner had intimidated the de facto complainant and also trespassed into the defacto complainant’s property and threatened the de facto complainant with dire consequences. Hence, this complaint.

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The learned counsel for the petitioner submitted that the petitioner was innocent and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant 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 except the above, there are no other serious allegation against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

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I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

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

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CRL OP No. 9563 of 2026

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Considering the facts and circumstances of the case and considering

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the above factual position and upon the fact that the FIR came to be registered in furtherance of the direction given by the learned Magistrate, this Court is of the view that custodial interrogation of the petitioner is not required. Hence, this 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 District Munsif -Cum Judicial Magistrate, Cheyyur, on condition that the petitioner 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 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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https://www.mhc.tn.gov.in/judis

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CRL OP No. 9563 of 2026

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(c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month 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 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.

21-04-2026

SHL

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