Kaviyarasu v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kaviyarasu ..Petitioner Vs State Rep. By The Inspector of Police Dharapuram Police Station Tiruppur District (Cr. No. 119/2026) ..Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS to grant Anticipatory Bail to the Petitioner in the event of his arrest in Crime No. 119 of 2026 on the file of the Respondent police.

For Petitioner:

Mr.N. Ponraj For Respondent:

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

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(1) and 351(3) of BNS (under section 294(b), 324 and 506(ii)) in Crime No.119 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has borrowed bike from the de facto complainant for personal use and there was delay in returning the same. Due to which there was a wordy quarrel between the petitioner and the de facto complainant and the petitioner assaulted the de facto complainant. Hence, the complaint.

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

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the injured person has sustained injury and admitted in hospital on 22.03.2026 and was discharged on 25.03.2026. Hence, he opposed to grant anticipatory bail to the petitioner.

5. From the submissions made by the learned Government Advocate (Crl.Side) and taking into consideration of the totality of the circumstances and upon the fact that the injured has been discharged from the hospital, this Court is inclined to enlarge the petitioner on anticipatory bail, 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 Dharapuram, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, 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 am for a period of two weeks and thereafter as and when required;

(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.

02-04-2026 SHL To:

1. The Judicial Magistrate, Dharapuram

2. The Inspector of Police Dharapuram Police Station Tiruppur District

3. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 02-04-2026