Pavunraj. S v. State, Rep By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2026

CORAM

THE HONOURABLE Mr. JUSTICE K. RAJASEKAR Pavunraj.S ... Petitioner/A3 Vs.

State, Rep by The Inspector of Police, Tiruppur North Police Station, Tiruppur District.

... Respondent (Crime No.1438 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in event of arrest pending investigation in Crime No.1438 of 2025 on the file of the respondent police.

For Petitioner : Mr.Edin Ashwald.K For Respondent : Ms.J.R.Archana, Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Section 296(b), 324(1), and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023 and subsequently added addition of Section 3 of the TNPPDL Act (Tamil Nadu Property (Prevention of Damage and Loss Act), in Crime No.1438 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner herein had 1/6

developed quarrel with the defacto complainant who was running tiffin stall and abused the defacto complainant by using filthy language and also assaulted him and also caused damages to the goods worth about Rs.6,000/-. Hence, a case has been registered.

3. The learned counsel for the petitioner submitted that the petitioner is only standing near the tiffin stall and he has not committed any offence as alleged by the defacto complainant and he has been falsely implicated in this case. He further submitted that the petitioner is not having previous bad antecedents and he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that totally there are three accused in this case and that the petitioner is ranked as A3. The learned counsel further submitted that co-accused A1 and A2 already arrested and subsequently released on bail and that the investigation in this case is still pending. However, she opposed to grant anticipatory bail to the petitioner.

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5. Considering the facts and circumstances of the case; taking note of the submissions made on both sides; the nature of allegations levelled against the petitioner; the petitioner is not having previous bad antecedents and also the fact that the arrested accused in this case already released on bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions:

6. 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-I, Tiruppur, 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:

(a) The petitioner shall to deposit a sum of Rs.2,000/- (Rupees Two Thousand only) to the credit of Crime No.1438 of 2025 on the file of the respondent police and the proof of the same shall be produced before the concerned learned Magistrate at the time of executing sureties; (b) If the petitioner fails to surrender before the 3/6

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;

(c) 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;

(d) The petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (e) 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];

(f) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

22.01.2026 ssi To 1.The Judicial Magistrate No.1, Tiruppur.

2. The Inspector of Police, 4/6

Tiruppur North Police Station, Tiruppur District. 3.The Public Prosecutor, High Court of Madras. K.RAJASEKAR, J.

ssi 5/6

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