Kamaliyel v. State Represented by the Inspector of Police

ORDER The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 351(3) of BNS, 2023 in Crime No.161 of 2026 on the file of the respondent police seek anticipatory bail.

¶2The allegation against the petitioner is that the 1st petitioner is running a idly shop near by the defacto complainant's company. It is alleged that the petitioners dumped the idly shop waste near it. There was a wordy quarrel arose, which is escalated into altercation. 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 (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners have no previous criminal antecedents. The only allegation against the petitioners is that they dumped waste in front of the defacto complainant's Page3 of 6 company, in connection with which a wordy quarrel arose and, in furtherance thereof, there was an altercation. He further submitted that, though the occurrence took place on 10.07.2026, the injured was discharged from the hospital on 13.07.2026. However, he opposed for grant of anticipatory bail to the petitioners.

¶5This Court considered both sides learned counsel submission.

¶6From the submission of the learned Government Advocate (Criminal Side), it is seen that though there was an altercation, considering the fact that the occurrence took place on 10.07.2026, the injured has already been discharged from the hospital on 13.07.2026, and the petitioners have no criminal antecedents, this Court is of the firm view that the custodial interrogation of the petitioners is not required . Hence, this Court is inclined to grant anticipatory bail to the petitioners, 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 Judicial Magistrate-II, Thiruvallur, on condition that the petitioners 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 Page4 of 6 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 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

1.The Judicial Magistrate II, Thiruvallur.

2.The Inspector of Police B-6 Mappedu Police Station, Thiruvallur District. FIR Crime No.161 of 2026.

3.The Public Prosecutor, Madras High Court. CRLoOPoNo.o18771oofo2026 C.KUMARAPPAN,oJ. JRS CRLoOPoNo.o18771oofo2026 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 1. Kamaliyel No.3/285, Periya Street Narasingapuram Post Narasingapuram Tiruvallur District Tamil Nadu 631 402 2. Ebinezer Paul S/o. Kamaliyel No.3/285, Periya Street, Narasingapuram Post, Narasingapuram Tiruvallur District Tamil Nadu 631 402 ..Petitioner(s) Vs State Represented by The Inspector of Police B6, Mappedu Police Station, Thiruvallur District. FIR Crime No.161 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to grant anticipatory bail for the Petitioners/Accused No.1 and 2 in the event of their arrest in F.I.R. Crime No.0161 of 2026, on the file of the Respondent/Complainant. For Petitioner(s): M/S. S.Vijay Anand Sivaraman For Respondent(s): MR.N.PALANIVEL, GOVT.ADVOCATE (CRL.SIDE) Page2 of 6