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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.4702 of 2026

1. Balaji

2. Ranjith ... Petitioners Vs.

State rep by The Inspector of Police, Kandili Police Station, Tirupattur District.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to grant anticipatory bail to the petitioners, in the event of their arrest, concerned in Cr.No.63 of 2026, on the file of the respondent police.

For Petitioners : Mr.R.Parthiban For Respondent : Ms.J.R.Archana Government Advocate (Crl.side)

ORDER

The petitioners, who apprehend arrest for the alleged offence under Sections 296(b), 324(2), 115(2), 118(1) and 351(3) of BNS r/w Section 4 of TNPHW Act in Cr.No.63 of 2026 , on the file of the respondent police seek anticipatory bail.

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2. The case of the prosecution is that the petitioners went to the snacks shop of the defacto complainant, and while there was a delay in supplying the foods, the petitioner has pushed down the push cart and also called their brother through phone, who ranked as A2 in this case. They joined together and attacked the defacto complainant and others with hands, legs and by using stones and also caused injuries to them. Hence, the case was registered.

3.The learned counsel appearing for the petitioners submitted that the petitioners herein have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioners are ready to cooperate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is not having any previous cases, the injured discharged from the hospital, and investigation in this case is pending . Hence, he vehemently opposed for the grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record. 2/5

6. Considering the nature of allegations and the fact that the manner in which the occurrence took place and no previous cases reported against the petitioners, injured discharged from hospital, though investigation in this case is pending, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned Judicial Magistrate-II, Tirupattur on condition that each of the petitioners shall execute separate bonds 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 petitioners 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 petitioners shall report before the respondent police daily at 10.30a.m., and 05.30p.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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

26.02.2026 Vv To

1. The Judicial Magistrate-II, Tirupattur

2. The Inspector of Police, Kandili Police Station, Tirupattur District.

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3.The Public Prosecutor High Court of Madras, Chennai 600 104.

K.RAJASEKAR , J.

Vv Crl.O.P.No.4702 of 2026 26.02.2026 5/5