D Mugilan v. State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR D.Mugilan ... Petitioner Vs.

The State Rep. By, The Inspector of Police, C1, Uthukottai Police Station, Tiruvallur District.

Crime No.135 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.135 of 2025 on the file of the respondent police.

For Petitioner :

Mr.G.Elango For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side) 1/6

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(1) and 109 of BNS Act, in Crime No.135 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused, assaulted the de facto complainant with a knife. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that this Court has already granted bail to the co-accused. He further submitted that there is no serious overt act attributed to the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed the grant of anticipatory bail to the petitioner, submitting that the injured has been discharged from the hospital and the petitioner does not have any previous case against him.

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5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the submissions made by both sides and taking into account the fact that the co-accused have already been granted bail, this Court is inclined to grant anticipatory bail to the petitioner with 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 ten days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Uthukkottai, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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[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 the identity 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 19.09.2025 cda 4/6

To 1.The District Munsif cum Judicial Magistrate, Uthukkottai.

2.The Inspector of Police, C1, Uthukottai Police Station, Tiruvallur District.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

cda 19.09.2025 6/6