Bhakkiyaraj v. State Rep by Its, the Inspector of Police

ORDER The petitioner, apprehending arrest at the hands of the respondent Police for the alleged offences punishable under Sections 296(b), 118(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.377 of 2026 on the file of the respondent Police, has approached this Court seeking anticipatory bail.

¶2The case of the prosecution is that the petitioner allegedly assaulted the defacto complainant with a waist belt, causing simple injuries. It is further alleged that the petitioner abused him in filthy language and threatened him with dire consequences. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person who has never indulged in any offence as alleged by the prosecution. He further submitted that the defacto complainant received medical treatment only as an outpatient for his simple injuries. It was also submitted that the petitioner is a law-abiding citizen, ready to abide by any stringent conditions that may be imposed by this Court, and therefore, prayed for the grant of anticipatory bail.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent State reiterated the case of the prosecution and, on instructions, Page3 of 6 submitted that the defacto complainant is a lorry driver who had honked the horn in front of a gate waiting for it to be opened. At that time, when the petitioner went to park his car on the same road, a dispute arose, and the petitioner allegedly assaulted the defacto complainant with his waist belt, abused him in filthy language, caused simple injuries, and threatened him with dire consequences. He further submitted that while no previous cases are pending against the petitioner, the investigation is still underway, and he therefore opposed the grant of anticipatory bail.

¶5Considering the facts and circumstances of the case, the nature of the allegations, and the fact that the petitioner has no criminal antecedents, this Court is of the considered view that the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶6Accordingly, 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 made ready, before the learned Judicial Magistrate No.1, Arakkonam, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 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 suretyship (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 everyday 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 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 KLT Page5 of 6 To

1.The Judicial Magistrate No.1, Arakkonam.

2.The Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.

3.The Public Prosecutor, High Court of Madras. CRLoOPoNo.o23159oofo2026 N.RAMESH,oJ. KLT CRLoOPoNo.o23159oofo2026 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 Bhakkiyaraj S/o. Gnanaprakasam, No.180/1, Main Road, Itchiputhur Village, Arakkonam Taluk 631 003. Ranipet District. ..Petitioner(s) Vs State Rep By its, The Inspector of Police Arakkonam Taluk Police Station, Ranipet District. Crime No. 377 of 2026 ..Respondent(s) Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, to enlarge the petitioner on bail in the event of his arrest in connection with in Crime No. 377 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr. D.Dayalan For Respondent(s): Mr. R. Rajasekaran, Government Advocate (Crl.side) Page2 of 6