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Madras High CourtCRL OP/14876/2026granted

M.Arun Kumar v. The State Rep. By The Inspector Of Police,

2026-06-18Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN M.Arun Kumar ..Petitioner Vs The State Rep. by The Inspector of Police, Tiruvalangadu Police Station, Tiruvallur District.

[Crime No.71 of 2026] ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest in connection with the Crime.No.71 of 2026 pending investigation on the file of the respondent police and thereby render justice. For Petitioner:

Mr.A.Sasikumar For Respondent:

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

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 109(1), 351(3) of BNS in Crime No.71 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that during the Draupathi Amman Temple Thimithi Festival held on 31.05.2026, a dispute arose between the

family of the defacto complainant and the family of the petitioner with regard to carrying the Thipantham during the temple procession. During the altercation, the petitioner and his father allegedly attacked the defacto complainant, causing injuries.

3. The learned counsel appearing for the petitioner would submit that the occurrence took place during the temple festival and arose out of a family dispute between the parties, who are close relatives. It is further submitted that the petitioner has been falsely implicated in this case. The learned counsel for the petitioner would further submit that A1 has already been enlarged on bail in Crl.O.P.No.15315 of 2026 by order dated 18.06.2026. Therefore, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and would fairly submitted that the injured has already been discharged from the hospital. 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 the occurrence took place during a temple festival and appears to have arisen out of a dispute regarding participation in the procession. Considering that the injured has already been discharged from the hospital and taking into account the fact that A1 has already been enlarged on bail in Crl.O.P.No.15315 of 2026 dated 18.06.2026, this Court is of the view that at this length of time custodial interrogation of the petitioner is not required, 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, Tiruttani, 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.

18-06-2026 NSL To 1.The Judicial Magistrate, Tiruttani.

2.The Inspector of Police, Tiruvalangadu Police Station, Tiruvallur District.

3.The Public Prosecutor, Madras High Court.

C.KUMARAPPAN, J.

NSL 18-06-2026