Sathish v. The State of Tamilnadu Rep by

ORDER The petitioner, who apprehends arrest for the alleged offences under sections 296(b), 115(2), 121(1) and 351(3) of the Bharatiya Nyaya Sanhita

(BNS), 2023 in Crime No.233 of 2026, on the file of the respondent police Page2 of 6 seeks anticipatory bail.

¶2The case of the prosecution is that the defacto complainant, who is a Village Administrative Officer (VAO), was discharging his official duties when the petitioner, along with the other accused, allegedly abused him in filthy language and obstructed him from performing his official work. The occurrence is stated to have taken place on 05.06.2026. Hence the present case.

¶3The learned counsel for the petitioner submits that this is the second bail application filed by the petitioner. The earlier bail application was dismissed for non-representation of the petitioner. He further submits the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that no previous cases have been registered against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

¶5I have given my anxious consideration to the submissions made by the Page3 of 6 learned counsel on either side and perused the materials available on record.

¶6Considering the submissions made on either side, this Court is of the view that, though the allegations pertain to an offence against a public servant, it is not in dispute that the petitioner has no previous criminal antecedents and that no one sustained any injury in the alleged occurrence. Further, the occurrence took place on 05.06.2026, and at this length of time, custodial interrogation of the petitioner does not appear to be necessary. It is also relevant to note that by this time, a substantial portion of the investigation would have been completed. Hence, this Court is inclined to enlarge him on anticipatory bail, 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 days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court, Poonamallee, Kancheepuram District, 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 conditions:

(a) If the petitioner 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 Page4 of 6 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 am for a period of two weeks; and thereafter as when is required.

(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 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];

(g) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 02-07-2026 JRS Page5 of 6 To

1.The Judicial Magistrate Court, Poonamallee, Kancheepuram District.

2.The Inspector of Police, Mangadu Police Station, Tiruvallur District.

¶3The Public Prosecutor, Madras High Court. CRLoOPoNo.o16778oofo2026 C.KUMARAPPAN,oJ. JRS CRLoOPoNo.o16778oofo2026 02-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Sathish s/o Mumar 8/6, Ponniyamman Koil Street Kovur Village And Post ..Petitioner/ Accused -1 Vs The State of Tamilnadu Rep by The Inspector of Police, Mangadu Police Station, Tiruvallur District. ..Respondent/ complainant Prayer: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners Anticipatory bail in the event of his arrest in Crime no.233 of 2026 pending investigation on the respondent police. For Petitioner: Mr.A Vijayakumar For Respondent: MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)