G .Jayabalan v. The State Rep By, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.34286 of 2025 G.Jayabalan ... Petitioner Vs.

The State Rep by its The Sub Inspector of Police, Thiruvannamalai East Police Station, Thiruvannamalai District.

... Respondent (Cr.No.607 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in the event of petitioner's arrest in Cr.No.607 of 2025 on the file of the respondent police. For Petitioner : Mr.P.Jayachandran For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 118(1) and 351(3) of BNS, 2023 in Cr.No.607 of 2025, on the file of the respondent police. seeks anticipatory bail. 1/5

2. The case of the prosecution is that, when the defacto complainant demanded the arrears due from the petitioner, the petitioner allegedly abused the defacto complainant and attacked him with a bill hook, causing injuries on his left eyebrow, which led to the registration of the FIR. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in the present case. He further submitted that the petitioner is ready and willing to cooperate with the investigation and, therefore, prayed for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has no previous cases and that the injured has been discharged from the hospital. However, he opposed the grant of anticipatory bail to the petitioner.

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

6. Considering the nature of the allegations, the fact that the injured has been discharged from the hospital, and that no previous cases are reported against the petitioner, this Court is inclined to grant anticipatory 2/5

bail to the petitioner, 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 made, before the learned Judicial Magistrate-II, Thiruvannamalai 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 learned Magistrate concerned, and on further condition that:

(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 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) The petitioner shall not tamper with evidence or witness either during investigation or trial; (e) The petitioner shall not abscond either during 3/5

investigation or trial:

(f) 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]; (g)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

15.12.2025 Vv To

1. The Judicial Magistrate-II, Thiruvannamalai

2. The Sub Inspector of Police, Thiruvannamalai East Police Station, Thiruvannamalai District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

4/5

K.RAJASEKAR , J.

Vv Crl.O.P.No.34286 of 2025 15.12.2025 5/5