Sanjay @ Viji Kutty v. The State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 407 of 2026 Sanjay @ Viji Kutty Petitioner Vs The State rep. by The Inspector of Police Periyapalayam Police Station Tiruvallur Crime No. 328 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest pending investigation in Cr.No. 328 of 2025 on the file of the respondent police.

For Petitioner : Mr.K.Karthik For Respondent : Ms.J.R.Archana Government Advocate (Criminal Side) ----

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 126(2), 115(2), 118(1), 351(3) of BNS, 2023 in Crime No. 328 of 2025, on the file of the respondent Police, seeks anticipatory bail.

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2. The allegation against the petitioner is that the petitioner joined hands with other accused were illegally restrained the de-facto complainant using filthy language and assaulted the de-facto complainant, resulting in, he sustained injuries and he admitted in a hospital. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to co-operate for investigation. Hence, he prayed to grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submitted that the petitioner is having 8 previous cases. He further submitted that the petitioner joined hands with other co-accused attacked the de-facto complainant with stones, resulting in, he sustained injuries. He further submitted that the investigation is pending. However, he opposed to grant anticipatory bail to the petitioner.

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5. Considering the gravity of offence committed by the petitioner; that the petitioner is having 8 previous cases and if anticipatory bail is granted to the petitioner, he would indulge similar activities in the future, hence, this Court is not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. 09.01.2026 MSM To 1.The Inspector of Police Periyapalayam Police Station Tiruvallur Crime No. 328 of 2025.

2. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM CRL OP NO. 407 of 2026 09.01.2026 4/6