S Sarath v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN S. Sarath Semmozhi Nagar, Moolanur, Dharapuram,Tiruppur District ..Petitioner(s) Vs The State Rep By, The Inspector of Police Moolanur Police Station, Dharapuram, Tiruppur District.

Crime No.164 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to pass an order of Anticipatory Bail directing the release of the Petitioner in the event of his arrest pending investigation in Crime No.164 of 2026 on the file of the respondent and thus render justice.

For Petitioner(s):

M/S. S. Jaganathan For Respondent(s):

MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 351(3) of BNS, 2023 in Crime No.164 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that, due to parking of vehicle, the petitioner assaulted the defacto complainant, thereby causing injuries to him. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought anticipatory bail for the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that it is a case and case in counter. He further submitted that the occurrence took place on 14.06.2026 and the injured was discharged from the hospital on 20.06.2026. However, 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 and also perused the records available.

6. Taking into consideration the nature of the allegations, the fact that it is a case and case in counter, and that the injured has already been discharged from the hospital, this Court is of the firm view that custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the

petitioner on anticipatory bail, subject to certain conditions.

8. 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, Dharapuram, 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.

24-06-2026 DRL To 1.The Judicial Magistrate, Dharapuram.

2.The Inspector of Police Moolanur Police Station, Dharapuram, Tiruppur District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 24-06-2026