Karthick v. State Rep by Inspector of Police

ORDER The petitioners apprehends arrest for the alleged offence under Sections 296(b), 115(2), 118(i) and 351(3) of BNS, 2023, in Crime No.156 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The allegation against the petitioners is that during the festival, the petitioners assaulted the defacto complainant by using hands. Hence, the case.

¶3The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that injured has left the hospital without the consent of the Hospital authorities. 5 Taking into consideration the totality of the circumstances and upon the fact that the injured has left the hospital without the consent of the hospital authorities, this Court is of the firm view that that the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioners are 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 No.2, Mettur, on condition that the petitioners 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 conditions:

(a) If the petitioners 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 petitioners shall stay at Poallachi and report before the Inspector of Police, Pollachi Town Police Station daily at 10.30 a.m., for a period of thirty days and thereafter as and when required;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

27.04.2026 sma To

¶1Judicial Magistrate No.2, Mettur, Salem.

2.The Inspector of Police, Mecheri Police Station, Mecheri, Salem District.

3.The Public Prosecutor, High Court of Madras. C.KUMARAPPAN.J. sma

27.04.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.04.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.Karthick 2. Siva 3.S.Sanjai 4. Sankarkumar ... Petitioners Vs. State represented by The Inspector of Police, Mecheri Police Station, Mecheri, Salem District. Crime No.156 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event of his arrest by the respondent police in the above Cr.No.156 of 2026 on the file of the respondent. For Petitioners : Mr.R.Nalliyappan For Respondent : Mr.P.Dhileepan Government Advocate (Crl.Side)