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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 1369 of 2026 Sudhagar

...Petitioner

Versus

The State rep. by The Inspector Of Police Avalur Police Station Ranipet District Crime No. 325 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest pending investigation in Cr.No. 325 of 2025 on the file of the respondent police.

For Petitioner : Mr.D.Ilayaraja 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), 118(1), and 351(3) of BNS 2023, in Crime No. 325 of 2025 on the file of the respondent Police, seeks anticipatory bail.

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2.The allegation against the petitioner is that on 27.11.2025 at about 8.30 pm., when the de-facto complainant's son was waiting at the Avalur bus stand, the petitioner joined hands with other accused assaulted the son of the de-facto complainant with hands and woodenlog due to previous enmity. Hence, the case has been registered against the petitioner and others.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready to co-operate with the investigation. He prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submitted that there was wordy quarrel between the petitioner & others and the son of the defacto complainant due to previous enmity. He opposed to grant anticipatory bail to the petitioners.

5. Heard the learned counsels and perused the materials available on record.

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6.Considering the nature of allegations and the petitioner is having one previous case in respect of Mines Act, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Walajapet, on condition that the petitioners 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 condition that:

(a) If the petitioners fail to surrender before the concerned Magistrate, within a period of fifteen days from the date of receipt of a 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 of the identity proofs to ensure their identity;

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[c]the petitioner shall report before the respondent Police daily at 10.30am for a period of three 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. 23.01.2026 MSM To 1.The Inspector Of Police Avalur Police Station Ranipet District Crime No. 325 of 2025.

2.The Judicial Magistrate No.I, Walajapet.

3. The Public Prosecutor, High Court of Madras. 4/5

K.RAJASEKAR , J.

MSM Crl.O.P.No. 1369 of 2026 23.01.2026 5/5