The court established the criteria for granting anticipatory bail considering allegations, previous conduct, and existing civil disputes.

ORDER

The petitioner apprehends arrest for the alleged offence under Section

326(g) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.185 of 2025 on the file of the respondent police and seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner set fire to the vehicle bearing Registration No. TN-32-L-2869, belonging to the defacto complainant. Hence, the case.

3. The learned counsel for the petitioner submitted that though the petitioner has been charged under Section 326(g) of the Bharatiya Nyaya Sanhita, 2023, there is no previous case pending against him. It is submitted that due to vengeance, the defacto complainant has lodged a false complaint against the petitioner. The learned counsel further invited the attention of this Court to the recitals in the FIR and submitted that the petitioner has only been suspected and that the complaint is not based on first-hand information. It is also submitted that a civil suit is pending between the petitioner and the defacto complainant. Therefore, he prayed for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and submitted that there are no previous cases pending against the petitioner.

5. Considering the facts and circumstances of the case, the nature of the allegations, the submissions made by the learned counsel on either side, the fact that the petitioner has no adverse antecedents, and taking note of the civil dispute pending between the parties, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. 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 is made ready, before the learned Judicial Magistrate, Thirukovilur 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 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 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 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.