Vijiay v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.02.2026
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.2756 of 2026 Vijiay ... Petitioner Vs.
The State Rep by The Inspector of Police, Vellore South Police Station, Vellore District.
... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of the arrest in connection with the Cr.No.19 of 2026 on the file of the respondent police.
For Petitioner : Mr.T.Saravanan For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest for the alleged offence under Sections 296(b), 115(2), 351(3), 121(1) and 132 BNS Act in Cr.No.19 of 2026 on the file of the respondent police, seeks anticipatory bail. 1/5
2. The case of the prosecution is that the petitioner is ranked as A2 in this case. It is alleged that while the patrol officers were enquired about the nuisance caused by the A1 (Damodharan), he scolded them and started to attack them with hands and legs. He further induced A2, to get petrol so as to burn the officers, which led to registration of an FIR. Hence, the present case.
3. The learned counsel appearing for the petitioner submitted that the entire allegations are only against A1 in this case and the petitioner is ranked as A2. He has not done any thing against the officers. He further submitted that though in the FIR it is stated that A1 has induced A2 to bring petrol, but he has not obey the same and he is not having any previous case. He further submitted that the petitioner is ready to cooperate for the investigation and also ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side), appearing for the respondent police, reiterated the prosecution case and submitted that the petitioner is not having any previous case, investigation in this case is pending and A1 was already arrested and he was remanded in judicial custody. Hence, he vehemently opposed the grant of anticipatory bail.
5. Heard both sides and perused the materials available on record. 2/5
6. Considering the nature of allegations, the fact that all the allegations are only against A1 in this case and further in the FIR, it is only stated that A1 had instigated A2 to commit offence, but however, there is no avernment in the FIR that A2 has also joined with him. Hence, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
7. 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 made, before the learned Judicial Magistrate-I, Vellore 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 learned Magistrate concerned, and on further condition that:
(a) If the petitioner fails to surrender before the concerned 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; 3/5
(c) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of three 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
06.02.2026 Vv To 1.The Judicial Magistrate-I, Vellore 2.The The Inspector of Police, Vellore South Police Station, Vellore District.
3.The Public Prosecutor High Court of Madras, Chennai 600 104.
4/5
K.RAJASEKAR , J.
Vv Crl.O.P.No.2756 of 2026 06.02.2026 5/5