Sakthivel v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.01.2026
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.36018 of 2025 Sakthivel ... Petitioner Vs.
State rep by the Inspector of Police, Kannamangalam Police Station, Kannamangalam, Thiruvannamalai District. ... Respondent (Crime No.491 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No.491 of 2025 on the file of the respondent police. For Petitioner : Mr.Vinodh Kumar For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)
O R D E R
The petitioner herein apprehending arrest at the hands of the respondent police for the offences punishable under Sections 115(2), 118(1), 296(b) and 351(3) of BNS in Crime No.491 of 2025, seeks anticipatory bail.
2. The allegation against the petitioner is that due to previous enmity, the petitioner abused and attacked the defacto complainant. Due to which, 1/6
the defacto complainant sustained injuries. Hence the complaint.
3. The learned counsel for the petitioner submitted that, petitioner is an innocent person and due to previous enmity, false complaint has been given by the defacto complainant. Thus, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl Side) submitted that, it is a case of case in counter, wherein due to previous enmity, petitioner abused and attacked the defacto complainant. He further submitted that, apart from this case, petitioner has no previous cases. He also submitted that, injured has been discharged from the hospital. Hence, he opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsels on either side and perused the materials available on record.
6. Considering the facts and circumstances of the case, submissions made by learned counsels on either side, also considering the fact that injured has been discharged from the hospital and that the petitioner has no 2/6
previous cases, 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 Judicial Magistrate No.I, Arani, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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;
[b] the sureties shall affix his 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 3/6
three 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. 07.01.2026 kmm To
1. The Judicial Magistrate No.I, Arani.
2. The Inspector of Police, Kannamangalam Police Station, Kannamangalam, Thiruvannamalai District.
3.The Public Prosecutor, High Court of Madras.
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K.RAJASEKAR , J.
kmm Crl.O.P.No.36018 of 2025 07.01.2026 5/6