Mohan v. The State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Mohan ..Petitioner Vs The State represented by, The Inspector of Police, T3, Korattur Police Station, Law & Order Division, Chennai - 600 080.

..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioner in the event of his arrest in Crime No.286 of 2026 dated 27.05.2026, on the file of the respondent police.

For Petitioner:

Mr.Arikarasudan M For Respondent:

Ms.R.S.Indira Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 126(2), 296(b), 115(2), 118(1), 351(2) of the BNSS 2023 in Crime No.286 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that due to civil dispute between the petitioner and the defacto complainant, the petitioner assaulted the defacto

complainant. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the allegations are false and arise out of a civil dispute pending between the parties. It is further submitted that the offences alleged are not serious in nature and custodial interrogation is not required. The learned counsel would also submit that the petitioner is aged about 54 years and is suffering from heart ailment and has recently undergone angiogram and cardiac surgery. Therefore, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the injured has already been discharged from the hospital. It is further submitted that the dispute appears to be between neighbouring parties and there is also a civil dispute pending between them. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. This Court is of the view that taking into consideration the totality of the circumstances, the fact that the injured has already been discharged, the civil dispute pending between the parties and the medical condition of the petitioner,

this Court is of the view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, 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, Ambattur, 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, everyday at 10.30 a.m., 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.

15-06-2026 NSL To

1. The Inspector of Police, T3, Korattur Police Station, Law & Order Division, Chennai - 600 080.

2. The Public Prosecutor High Court of Madras.

3. The Judicial Magistrate, Ambattur.

C.KUMARAPPAN, J.

NSL 15-06-2026