G Mukthiyar v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN G. Mukthiyar No. 31/416 A, Kaki Street, New Town, Vaniyambadi, Thirupathur District ..Petitioner(s) Vs The State Rep By, The Inspector of Police, Vaniyambadi Town Station, Tirupathur District (Cr. No. 0086 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 arrest in Crime No. 86 of 2026 pending investigation on the file of the respondent police and thus render justice.

For Petitioner(s):

Mr.Balaji T 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 296(b), 115(2), 118(1) and 351(2) of BNSS 2023, in Crime No.86 of 2026, on the file of the respondent Police, seeks anticipatory bail.

2. The allegation against the petitioner is that the first petitioner along with other accused, went to the defacto complainant's residence and assaulted him, thereby causing simple injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that th petitioner is an innocent, and has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the only allegation is that the petitioner accompanied A1 and assaulted the defacto complainant with hands. 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 injuries sustained by the defacto complainant are simple in nature and that the injured was 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. Considering the nature of the allegations and the fact that the petitioner has assaulted the defacto complainant with his hands and that the defacto

complainant sustained only simple injuries, 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, Vaniyambadi, 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 two 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 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.

09-04-2026 DRL To 1.The Inspector of Police, Vaniyambadi Town Station, Tirupathur District 2.The Public Prosecutor, High Court, Madras.

3.The Judicial Magistrate, Vaniyambadi.

C.KUMARAPPAN, J.

DRL 09-04-2026