Hariraman v. State Rep.By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Hariraman, S/o.Thanappan ... Petitioner Vs.

State rep. By the Inspector of Police, AdhiyamanKottai Police Station, Crime No.51 of 2026 Dharmapuri District.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, pleased to grant Anticipatory Bail to the petitioner in the event of his arrest in Crime No.51 of 2026 pending investigation on the file of the respondent police. For Petitioner : Mr.Adhishree Manokaran For Respondent : Mr.P.Dhileepan, Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 191(1), 126(2) and 109 of BNS in Crime No.51 of 2026 on the file of the respondent police seeks anticipatory bail.

2. There are totally 5 accused in this case. The petitioner is A2. The case of the prosecution is that due to encroachment of common passage, the accused 1/4

persons assaulted the complainant on his head. Hence, a case has been registered.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the de-facto complainant. He further submitted that he is not at all present during the occurrence. 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. 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 and strongly objected the submission of the learned counsel for the petitioner in respect of his presence and would submit that the petitioner is very much available on the scene of occurrence. However, he fairly submits that he has not made any assault against the de-facto complainant. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the totality of the circumstances and that there is no specific overt act alleged against the petitioner and on the further fact that the de-facto complainant has already been discharged from the hospital, this Court is of the view that the custodial interrogation of the petitioner is not required 2/4

and accordingly, this Court is 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 Judicial Magistrate-II, Dharmapuri, 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 stay at Coimbatore and report before the E1-Singanallur Police Station, Coimbatore, everyday at 10.30 a.m., for a period of four weeks; 3/4

C.KUMARAPPAN.

J.

mp (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.

10.04.2026 mp To 1.The Judicial Magistrate-II, Dharmapuri.

2.The Inspector of Police, AdhiyamanKottai Police Station, Dharmapuri District.

3.The Public Prosecutor, High Court of Madras. Crl.OP.No.8580 of 2026 4/4