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Madras High CourtCRL OP/15597/2026granted

Surya v. The State Rep.By Its,

2026-06-22Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Surya S/o.Bharathi, D.NO.8, 3rd street, 1st cross Ganapathy Pudur, Coimbatore north, Coimbatore, Tamilnadu-641006.

..Petitioner(s) Vs The state represented by its:

The Inspector of Police, Saravanampatty police station, Coimbatore city, [Cr.No.236 of 2026] ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of their arrest in Cr.No.236 of 2026 on the file of the respondent police. For Petitioner(s):

M/S. Deepan Uday For Respondent(s):

Ms.R.S.Indira, Government Advocate (Criminal side)

ORDER

The petitioner, who apprehends arrest for the alleged offences under Sections 296(b), 115(2), 118(1) and 351(3) of B.N.S. in Crime No.236 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that on 21.05.2026 at about 3.30 pm., at 11 to 11 Bar, Chinnavedampatti, Coimbatore, the accused Periya Naveen, Chinna Naveen and this petitioner, due to previous enmity, had wrongfully confronted the defacto complainant Ayyappan, abused him in filthy language, assaulted him with hands and legs. Further the accused Periya Naveen assaulted the defacto complainant on his head with a beer bottle and caused a bleeding injury and the accused have also criminally intimidated him with dire consequences. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has nothing to do with the commission of offence as alleged by the prosecution. The learned counsel would further submit that the petitioner is ready and willing to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. At this juncture, the learned Government Advocate (Crl.Side) appearing for the respondent police objected to grant anticipatory bail to the petitioner, however, he would fairly submit that the injured was discharged from the hospital.

5. Heard the submissions made by the learned counsel on either side and perused the materials available on record.

6. From the submissions made by the learned Government Advocate, the defacto complainant is the employer of the accused and there are about three accused and the petitioner is A3. According to the prosecution, they being drivers, since they were terminated from the service, assaulted the defacto complainant. At this juncture, the learned Government Advocate would fairly submit that the injured was discharged from the hospital on 21.05.2026 itself. Therefore, at this length of time, custodial interrogation of the petitioner is not required and 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 anticipatory bail in the event of arrest or on her 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.2, Coimbatore 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 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 sign before the respondent police daily at 10.30 a.m. and 5.30 p.m. until further orders. (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.

22-06-2026 MJS Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate No.2, Coimbatore.

2. The Inspector of Police, Saravanampatty Police Station, Coimbatore city,

3. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

MJS 22-06-2026