Mugunthakumar v. The State Rep by the Inspector of Police

ORDER The petitioners apprehend arrest for the alleged offences punishable under Page2 of 5 Sections 78, 118(1), 49 and 3(5) of BNS Act, in Crime No.89 of 2026 on the file of the respondent police seeks anticipatory bail.

¶2The allegation against the petitioner is that the petitioners rammed his vehicle into the de facto complainant's two-wheeler while she was riding from her home to her office. Hence, the complaint was registered against the petitioners.

¶3The learned counsel for the petitioners submitted that the alleged occurrence took place on 26.06.2026, whereas the FIR was registered only on

27.07.2026. He further submitted that the de facto complainant is the wife of the first petitioner and the sister-in-law of the second petitioner. Due to a difference of opinion, she separated from her husband and has lodged this false complaint only to harass the petitioners. Hence, he prayed for the grant of anticipatory bail to the petitioners

¶4Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the injured was discharged from the hospital and that the petitioners have no criminal antecedents. Hence, she opposed to grant anticipatory bail to the petitioner.

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

¶6Considering the submissions made by the learned counsel on either side, it is seen that that the alleged occurrence took place on 26.06.2026, whereas the FIR was registered only on 27.07.2026, and that the petitioners Page3 of 5 have no criminal antecedents and the injured person has already been discharged from the hospital, this Court is of the view that the custodial interrogation of the petitioners is not necessary. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail with 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 XVI Metropolitan Magistrate Court, George Town, on condition that the petitioners shall execute a separate 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 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 report before the respondent Police, daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate Page4 of 5 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. 06-08-2026 DRL To

1.The XVI Metropolitan Magistrate Court, George Town, Chennai.

2.The Inspector of Police N-4, Fishing Harbour Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o21584oofo2026 C.KUMARAPPAN,oJ. DRL CRLoOPoNo.o21584oofo2026 06-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-08-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Mugunthakumar S/o.Sundaramoorthy, No.1, 2nd Street, Periya Kasi Kovil Kuppam, Ennore, Chennai - 600 057. 2. Kishore Kumar S/o.Sundaramoorthy, No.1, 2nd Street, Periya Kasi Kovil Kuppam, Ennore, Chennai - 600 057. ..Petitioner(s) Vs The State Rep by The Inspector of Police N-4, Fishing Harbour Police Station, Chennai. Crime No.89 of 2026. ..Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarger the petitioners on bail in the event of their arrest by the respondent Police concerned in Crime no.89 of 2026 on the file of the Respondent on such terms and conditions and as this Honourable Court may deem fit and proper. For Petitioner(s): MR. M.Vinoth For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)