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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Kumaravel S/o.Saravanan, No.2/92A, Harijana Colony, Tirumalaigiri, Salem District-636307.

..Petitioner(s) Vs State Rep.by, The Inspector of Police, Steel Plant Police Station, Salem City.

(Crime No.48 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioner on bail in the event of his arrest in Crime No.48 of 2026 pending investigation on the file of the respondent Police, and thus render Justice.

For Petitioner(s):

Mr. T. Dhasarathan For Respondent(s):

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

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 309(4), 309(6), 296(b) and 351(3) of BNS, in Crime No.48 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner along with other accused, robbed a sum of Rs.500/- from the defacto complainant's shirt pocket and assaulted him, causing injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the defacto complainant and the petitioner are neighbours and known to each other and only due to altercation, the present complaint has been lodged against the petitioner. He further submitted that the co-accused has already been released on bail 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 and, upon instructions, submitted that the injured has been discharged from the hospital. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given my anxious consideration to either side submissions.

6. Taking into consideration the totality of the circumstances and the fact that the FIR was registered on 24.03.2026, the co-accused was released on bail,

the property was recovered and that the injured has already been discharged from the hospital, this Court is of the firm view that at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Salem, 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 am for a period of 30 days 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.

08-04-2026 DRL To 1.The Judicial Magistrate No.I, Salem.

2.The Public Prosecutor, High Court, Madras.

3.The Inspector of Police, Steel Plant Police Station, Salem City.

C.KUMARAPPAN, J.

DRL 08-04-2026