M C Kunnimarathan v. State Rep By, the Inspector of Police

ORDER The petitioner apprehends arrest for the alleged offences under Sections 296(b), 115(2), 118(1), 351(3) of BNS in Crime No.111 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner is the husband of the defacto complainant's maternal aunt. The petitioner had married the defacto complainant's maternal aunt through a love marriage about 20 years prior to the occurrence and since then there has been no cordial relationship between the family of the petitioner and that of the defacto complainant. On 28.04.2026, during the village temple festival, the petitioner who was under the influence of alcohol, kicked the motorcycle of the defacto complainant, which resulted in a verbal altercation between the parties, which escalated into an assault. Hence the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and a false case has been foisted against the petitioner and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Page3 of 6

¶4Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and fairly submitted that there are two accused in this case, the petitioner is A1 and that the second accused was already granted anticipatory bail by this Court on 10.06.2026 in Crl.O.P.No.14607 of 2026. However, he opposed to grant anticipatory bail to the petitioner.

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

¶6Considering the nature of family dispute between the parties, who are relatives and that A2 was already granted anticipatory bail, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate -II, Namakkal District on condition that the petitioner 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: Page4 of 6

(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 automatically cancelled;

(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 petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 19-08-2026 Index: Yes/No Speaking/Non-speaking order MFA Page5 of 6 To

¶1The Judicial Magistrate-II, Namakkal District.

¶2The Inspector of Police Mohanur Police Station, Namakkal District.

¶3The Public Prosecutor High Court, Chennai. CRLoOPoNo.o23090oofo2026 N.RAMESH,oJ. MFA CRLoOPoNo.o23090oofo2026 19-08-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH M C Kunnimarathan ..Petitioner Vs State Rep By, The Inspector of Police Mohanur Police Station, Namakkal District. Crime NO. 111/2026 ..Respondent(s) PRAYER: This Criminal Original Petition is filed under Section 482 of BNSS, 2023, praying to enlarge the petitioner on bail in the event of his arrest in Crime NO. 111/2026 pending investigation on the file of the inspector of Police, Mohanur Police Station, Namakkal District and pass any other order as this Honorable Court. For Petitioner(s): Mr.C.D. Johnson For Respondent(s): Mr.R.Rajasekaran Government Advocate (Crl.Side) Page2 of 6