J.Jayamohan v. State Rep. By Its, Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN J.Jayamohan

...Petitioner

Vs The State rep by its Sub-Inspector of Police Mantharakuppam Police Station Cuddalore District.

(Crime No.33 of 2026)

...Respondent

Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent police in Crime No.33 of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.Hariharan G For Respondent(s):

Mr.P.Dhileepan, Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Sections 318(2), 296(b), 115(2), 351(2) BNS, r/w Section 4 of TNPHW Act, in Crime No.33 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that on 02.02.2026 at about 11.00 pm., the petitioner along with the first accused had quarrel with the defacto complainant and abused her in filthy language and threatened her. Hence, the case has been registered.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that and the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the prosecution case. However, he opposed to grant anticipatory bail to the petitioner.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

6. From the submission made by either side, the occurrence took place on 02.02.2026 and the First Information Report was registered on 19.02.2026. From the submission of learned Government Advocate (Crl.Side) it is seen that the defacto complainant with the help of one Manikandan had a relationship

with A1 and when the defacto complainant requested A1 to marry her, this petitioner along with A1 assaulted her and thereby the defacto complainant sustained injuries. However, taking into consideration the date of occurrence i.e., on 02.02.2026 and registration of FIR on 19.02.2026 and on the ground that the injured has already been discharged from the hospital. At this length of time, no custodial interrogation of the petitioner is required. Hence, this Court is inclined to enlarge him on anticipatory bail, 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 days from the date on which the order copy is made ready, before the learned District Munsic-cumJudicial Magistrate No.II, Neyveli, 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 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, daily at 10.30 a.m., until further orders: (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.

30-03-2026 dna

To 1.The District Munsic-cum- Judicial Magistrate No.II, Neyveli.

2. The Public Prosecutor, High Court, Madras.

3.The Sub-Inspector of Police Mantharakuppam Police Station Cuddalore District.

(Crime No.33 of 2026)

C.KUMARAPPAN, J.

dna 30-03-2026