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Madras High CourtCRL OP/15156/2026granted

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

2026-06-29Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Arasu ..Petitioner Vs State rep.by The Inspector of Police, H8-Thiruvottiyur Police Station, Chennai.

[Crime No.317 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 by the respondent police in Crime No.317 of 2026 on the file of the respondent police.

For Petitioner:

For Intervenor:

Mr.Naresh N Mr.S.Sakthivel 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(3) of BNS in Crime No.317 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 08.06.2026, at about 05:00 p.m., a road traffic accident led to a wordy quarrel between the petitioner, the other accused, and the de facto complainant. The altercation escalated, during which the accused assaulted the de facto complainant with a beer bottle, causing injuries. Hence, the complaint.

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

4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and submitted that there are no adverse antecedents against the petitioner. She further submitted that the injured person has already been discharged from the hospital on 08.06.2026. However, she opposed the grant of anticipatory bail to the petitioner.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

6. Considering the submissions made by the learned Government Advocate (Criminal Side) that the injured person has been discharged from the hospital and noting that there are no adverse antecedents against the petitioner, this Court is of the view that custodial interrogation of the petitioner is not required at this stage. 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 Court at Thiruvottiyur, Chennai 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 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.

29-06-2026 Index: Yes/No Speaking/Non-speaking order VEDA To 1.The Judicial Magistrate Court at Thiruvottiyur, Chennai. 2.The Inspector of Police, H8-Thiruvottiyur Police Station, Chennai.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

VEDA 29-06-2026