Kamalesh v. State Rep by Inspector of Police,

ORDER The petitioners apprehend arrest for the alleged offence under Sections Page2 of 6 191(2), 191(3), 126(2), 127(2), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.295 of 2026 on the file of the respondent police seek anticipatory bail.

¶2The allegation against the petitioners is that the petitioners along with some other waylaid the da facto complainant, abused him and assaulted with hands. Hence, a case has been registered.

¶3The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the defacto complainant and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that during the distribution of food at a temple festival, a wordy quarrel arose. In the course of the occurrence, the petitioners, along with others, took the defacto complainant to a nearby ground and assaulted him, pursuant to which he was admitted to the hospital on 05.07.2026 and discharged on 06.07.2026. Hence, she opposed to grant anticipatory bail to the petitioners. Page3 of 6

¶5This Court has considered the submissions made by both side learned counsels. According to the prosecution case, the occurrence took place at the time of distribution of food during a temple festival. Though the learned Government Advocate (Criminal Side) objected to the application, she fairly submitted that the petitioners have no criminal antecedents and that the injured has already been discharged from the hospital. In such view of the submission, this Court is of the firm view that the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

¶6Accordingly, 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 Judicial Magistrate-II, Thiruvallur, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, 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;

(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form Page4 of 6 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, everyday at 10.30 a.m., for a period of three 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 actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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. 16-07-2026 JRS Page5 of 6 To

¶1The Judicial Magistrate II, Thiruvallur.

2.The Inspector of Police Thiruvallur Town Police Station, Tiruvallur District. Crime no.295 of 2026.

3.The Public Prosecutor, Madras High Court. CRLoOPoNo.o18764oofo2026 C.KUMARAPPAN,oJ. JRS CRLoOPoNo.o18764oofo2026 16-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 18746 of 2026 1.Kamalesh, S/o Kumar 2.Vishal Nithin, S/o Sudharaj 3.Sanjay, S/o Suresh 4.Srinivasan, S/o Suresh. ..Petitioners Vs State Rep by The Inspector of Police Thiruvallur Town Police Station, Tiruvallur District. Crime no.295 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Crime no.295 of 2026 on the file of Respondent Police. For Petitioner(s): M/S. Sasikumar R For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)