Karan Sunar v. The State Rep by Inspector of Police

ORDER The petitioners apprehend arrest for the alleged offences under Sections 296(b), 115(2) of BNS 2023 and Section 4 of TNPHW Act in Crime No.133 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that the petitioners are tenants and the defacto complainant is a Watchman of the apartment. Due to dispute between the petitioners and the defacto complainant, the petitioners attacked the defacto complainant and his brother-in-law with wooden log. Hence the complaint.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they are no way connected with the alleged occurrence and further a false case has been foisted against the petitioners and that they have not committed any offence as alleged by the prosecution.

¶4Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the injured discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners. Page3 of 6

¶5I have given my anxious consideration to either side submissions.

¶6Considering the nature of the allegations and the fact that the assault was on the watchman of the apartment and the occurrence took place on

01.06.2026 and also considering the fact that there was no serious injury to any person and the injured took treatment as an out patient and further this case is a counter case, at this stage, this Court is of the firm view that, custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.

¶7Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned XVII Metropolitan Magistrate, Saidapet, Chennai on condition that the each of the petitioners 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 of the learned Magistrate concerned, and on further conditions:

(a)If the petitioners fail 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; Page4 of 6

(b) The sureties shall affix their photographs and left thumb impression in the application for surety slip (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 report before the respondent police daily at 10.30 am and 5.30 pm until further orders;

(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 are 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 abscond, a fresh FIR can be registered under Section 269 of BNS Act. 07-07-2026 Index: Yes/No Speaking/Non-speaking order MFA Page5 of 6 To

¶1The XVII Metropolitan Magistrate, Saidpet, Chennai.

¶2The Inspector of Police R-1 Mambalam Police Station, T-Nagar, Chennai.

¶3The Public Prosecutor, High Court, Chennai. CRLoOPoNo.o17284oofo2026 C.KUMARAPPAN,oJ. MFA CRLoOPoNo.o17284oofo2026 07-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Karan Sunar No. 31/54, Varadharajan Street,T. Nagar, Mambalam Taluk,Chennai. 2. Gauri D/o. Krishna, No. 31/54, Varadharajan Street,T. Nagar, Mambalam Taluk,Chennai. ..Petitioner(s) Vs The State rep by The Inspector of Police R-1 Mambalam Police Station, T-Nagar Chennai. Crime No. 133 of 2026. ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS praying to enlarge the petitioners on bail, in the event of their arrest by the Respondent police in the case pending investigation in Crime No. 133 of 2026, on the file of the Respondent Police and thus render Justice. For Petitioner(s): Mr. Thamaraiselvan R For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) Page2 of 6