K Arun v. The State Rep. By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2026

CORAM

THE HONOURABLE Mr. JUSTICE K. RAJASEKAR K.Arun ... Petitioner Vs.

The State Rep. by its the Inspector of Police, Kilpennathur Police Station, Thiruvannamalai District.

... Respondent (Crime No.280 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 the event of arrest pending investigation in Crime No.280 of 2025 on the file of the respondent police.

For Petitioner : Mr.E.Sathiyaraj Elangovan For Respondent : Ms.J.R.Archana, Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 126(2), 109(1), 351(3) of BNS Act (Corresponding Section 147, 148, 294(b), 323, 324, 341, 307, 506(2) of IPC) in Crime No.280 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner is ranked as 1/6

A4 in this case and due to previous enmity, the petitioner joined hands with others, went to the place of occurrence, waylaid, along with two others, caught hold the victim, and A1 and A2 attacked the victim indiscriminately, caused injuries, including, 13 cut and stab injuries. Hence, a case has been registered.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and a false case has been foisted against the petitioner and that coaccused in this case has been already arrested and subsequently granted bail by this Court in Crl.O.P.No.32427 of 2025, dated 02.01.2026. He further submitted that he is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. He further submitted that this is the counter blast for the two previous cases registered. 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 the petitioner is ranked as A4 and that investigation in this case has been concluded and charge sheet also filed and taken on file in PRC No.1 of 2026, on the file of the learned District Munsif cum Judicial Magistrate, Kilpennathur, Thiruvannamalai District. The learned counsel further submitted 2/6

that no previous bad antecedents have been registered against the petitioner. However, she opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case; taking note of the submissions made by the learned counsel on both sides; the nature of allegations levelled against the petitioner; investigation has been concluded and final report has been filed; and also the fact that the petitioner is not having previous cases; I am of the view that the petitioner is entitled for grant of anticipatory bail. Hence, I am 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 District Munsif cum Judicial Magistrate, Kilpennathur, Tiruvannamalai District, 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) 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;

(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 identify proofs to ensure their identity;

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

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

28.01.2026 4/6

ssi To:

1.The District Munsif cum Judicial Magistrate, Kilpennathur, Tiruvannamalai District.

2.The Inspector of Police, Kilpennathur Police Station, Thiruvannamalai District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR,J.

ssi 5/6

Crl.OP.No.1727 of 2026 28.01.2026 6/6