K Vijayan Vs The State of Tamil Nadu Rep by, the Inspector of Police

PRAYER :-Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner on bail in the event of arrest in Crime No.501 of 2026 on the file of the respondent police, or on his appearance.

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For Petitioner : Mr.C.Saravanakumar

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For Respondent : Mr.J.Vishnu Government Advocate (Criminal Side)

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CRL OP(MD)No.14506 of 2026

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ORDER : The Court made the following order :-

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The petitioner, who apprehends arrest in connection with Crime

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No.501 of 2026 on the file of the respondent police, registered for the offences punishable under Sections 126(2), 296, 109(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, seeks the relief of anticipatory bail.

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The allegation against the petitioner is that he has been arrayed as A3 in the present case. It is alleged that, owing to a property dispute, the petitioner, along with the other accused, wrongfully restrained the defacto complainant and attacked him with an aruval, causing injuries. Based on the said allegations, the present case has been registered against the petitioner and the other accused.

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The learned counsel appearing for the petitioner submitted that the occurrence was a clash between two rival groups. He further submitted that, during the said occurrence, A1 in the present case was attacked by the defacto complainant and his family members and succumbed to the injuries sustained in the occurrence. It was further submitted that the petitioner and the other persons on his side also

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sustained injuries and are, in fact, the aggrieved parties. In this regard, a complaint lodged by the petitioner's side has also been registered in Crime No.502 of 2026 on the file of the respondent Police. He also submitted that the petitioner is ready and willing to cooperate with the investigation and abide by any condition that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail.

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Per contra , the learned Government Advocate (Criminal Side)

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reiterated the prosecution case and submitted that the petitioner has as many as 22 previous criminal cases to his credit. He further submitted that, although the injured in the present case has been discharged from the hospital, A1 in the present case died in the very same occurrence. Therefore, he opposed the grant of anticipatory bail.

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This Court has carefully considered the rival submissions and

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perused the materials available on record.

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Considering the fact that two FIRs have been registered in

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respect of the very same occurrence as case and counter, the submission that the petitioner also sustained injuries, the fact that the injured has 3/7

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already been discharged from the hospital and also taking into account the fact that A1 on the petitioner's side is stated to have died in the very same occurrence, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate, Tenkasi, Tenkasi District, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that:

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(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(b) the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks, and thereafter as and when required for the interrogation;

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(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(d) the petitioner shall not abscond either during investigation or trial;

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(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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) AIR SCW 5560] ; and

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(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

21.07.2026

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