Palanisamy v. The State Rep.By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.279 of 2026 Palanisamy S/o.Nallappan ... Petitioner/ A1 Vs The State Rep. By, The Inspector of Police, Macheri Police Station, Salem District.

(Crime No.717 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent in Crime No.717 of 2025 on the file of the respondent police.

For Petitioner : Mr. C.Deepak Kumar For Respondent : M/s. J.R. Archana Government Advocate (Crl.Side) ******

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 118(1), 351(3) of BNS in Crime No.717 of 2025 on the file of the respondent Police, seeks anticipatory bail.

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2.

The case of the prosecution is that the petitioner herein who is ranked as A1 in this case attacked the defacto complainant and his father with the helmet and used the iron rod to beat the defacto complainant due to which, the complainant sustained injuries. Hence, the defacto complainant lodged a complaint before the respondent police. 3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is innocent and has done nothing as alleged. He would submit that a counter case was also registered in Cr.No.707 of 2025 on the file of the very same police station and there is no previous case as against the petitioner; and that the petitioner is ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioner. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioner reiterated the prosecution case and submitted that as per the complaint, petitioner assaulted the complainant and his father using helmet and iron rod, due to which, they sustained injuries and the injured got discharged from the hospital and that the investigation of this case is pending. 2/5

5.

Considering the submissions made, facts and circumstances of this case, nature of allegation, the fact that the injured got discharged from the hospital and there is a counter case for the very same occurrence; this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner is ordered to be released on anticipatory 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 No.2, Mettur, 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 Magistrate concerned and on further condition that: [a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of copy of this order, this Order shall stand automatically cancelled;

[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 3/5

of the identity proofs to ensure their identity; [c] the petitioner shall report before the respondent police daily evening at 6.30.p.m., for a period of four weeks and thereafter, as and when required for interrogation; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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

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K. RAJASEKAR, J.

ssa To

1. The Judicial Magistrate No.2, Mettur.

2. The Inspector of Police, Macheri Police Station, Salem District.

(Crime No.717 of 2025)

3. The Public Prosecutor, High Court of Madras.

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