Hariharan v. Home, Prohibition and Excise Department

ORDER The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Section 118(1) & 351(3) of BNS, in connection with the Cr. No.76 of 2026, seeks anticipatory bail. Page2 of 5

¶2The case of the prosecution is that the petitioner was alleged to be involved in the wordy quarrel with the defacto complainant, due to which, the defacto complainant sustained a simple injury. Hence, the case.

¶3The learned counsel for the petitioner would contend that the petitioner and the defacto complainant are close relatives, who belong to same locality. Due to a wordy quarrel between the parties, the defacto complainant had fell down and sustained injury. Now, he was discharged from the hospital. He would also submit that the petitioner has no previous case. Hence, the petitioner may be released on anticipatory bail.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that based on the complaint received from the complainant, they registered the case in Cr. No.76 of 2026 against the petitioner for the offence under Section 118(1) & 351(3) of BNS and the case is under investigation. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

¶5Heard both sides and perused the materials available on record.

¶6Considering the rival submissions on either side, considering the nature of offences, it appears that the due to a wordy quarrel between the Page3 of 5 parties, the defacto complainant had fell down and sustained injuries. Now, it was informed to this Court that the defacto complainant was already discharged from the hospital. Therefore, considering the fact that there is no previous case pending against this petitioner, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.1, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police every Saturday for a period of 4 weeks and thereafter as and when required; [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer; [c] the petitioner shall not leave India without the previous permission of the Court; [d] the petitioner shall not abscond either during investigation or trial. Page4 of 5 [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023. 14-05-2026 Index: Yes/No Speaking/Non-speaking order nsa/rst Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To:

1.The Judicial Magistrate No.1, Poonamallee

¶2The Inspector of Police, T-16, Nazarathpettai Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o12367oofo2026 P.DHANABALoJ. nsa/rst CRLoOPoNo.o12367oofo2026 14-05-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL Hariharan S/o. Arumugam, No.421, Padavettamman Kovil Street, Sembarambakkam, Thiruvallur District - 600 124. ..Petitioner(s) Vs Home, Prohibition and Excise Department The Inspector of Police, T-16, Nazarathpettai Police Station, Thiruvallur District. ..Respondent(s) Prayer: Criminal Original Petition filed under Section 482 of BNS, to grant the Anticipatory bail in the event of his arrest in Cr.N.76 of 2026 on the file of the T16, Nazarathpet Police Station, Thiruvallur. and thus render justice. For Petitioner(s): Mr.V.Jayachandran For Respondent(s): Mr.S.Balaji, GA (Crl.side)