M. Saminathan vs State

K. Rajasekar, J

The petitioner apprehends arrest for the alleged offence under Sections 296(b), 115(2), 74 and 351(2) of the Bharatiya Nyaya Sanhita (BNS) 2023, in Crime No.422 of 2025, on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution is that while the defacto complainant her way to her house, the petitioner allegedly obstructed her passage. When the defacto complainant questioned the petitioner and recorded a video of the incident on her mobile phone, the petitioner is said to have assaulted her with his hands, and thereby caused injuries. Hence, the present complaint has been registered against the petitioner .

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioner .

The learned Government Advocate (Criminal Side) appearing for the respondent police reported that the petitioner wrongfully restrained the defacto complainant and assaulted the defacto complainant, and thereby she sustained injuries. The injured was immediately admitted to the hospital. He further submitted that the petitioner has no previous cases, that injured has now been discharged from the hospital, and that the investigation is still pending. Therefore, he opposed to grant anticipatory bail to the petitioner .

Considering the above facts and circumstances of the case, taking note of the submission made by the learned Government Advocate (Criminal Side), and also considering the nature of allegation, and the injured discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

Accordingly, 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 IX -Metropolitan Magistrate, Saidapet, Chennai, 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:

(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 one week 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 were 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.