Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-02-2026
CORAM
THE HON'BLE MR.JUSTICE K.RAJASEKAR
1. Venkatachalam S/o.Kaliannan, Residing at No.12-1/39,Kandigoundanur, Poolampatti Post, EdapadiTaluk,
2. Sudha W/o.Venkatachalam, Bothe are residing at No.12-1/39,Kandigoundanur, Poolampatti Post, EdapadiTaluk, ..Petitioner(s) Vs State Rep By The Inspector of Police, Poolampatti Police Station, Crime No.46 of 2026 ..Respondent(s)
PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on Anticipatory Bail in the event of their arrest pending investigation in Crime No.46 of 2026 on the file of the respondent and thus render justice. For Petitioner(s): M/s.T MURUGANANTHAM For Respondent(s): M/S.J.R.Archana Government Advocate (Crl.Side) Page1 of 5
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 115(2), 118(1), 351(1) of BNS in Crime No. 46 of 2026, seek anticipatory bail.
2. The case of the prosecution is that due to land dispute, there arose a
wordy quarrel between the petitioners and the defacto complainant, as a result of which, the petitioners attacked the defacto complainant and caused injuries. Hence, the complaint.
3. The learned counsel for the petitioners would submit that there is a
case in counter case against the defacto complainant and a false case has been foisted against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent police reiterated the prosecution case and submitted that the injured discharged from the hospital and there is no previous case against the petitioners. However, opposed to grant anticipatory bail to the petitioners.
5. Considering the above fact and circumstances of the case and also of
the fact that there is case in counter case and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Page2 of 5
6. Accordingly, 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 made ready, before the learned Judicial Magistrate, Edapadi, on condition that the petitioner shall execute a separate 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 condition:
(a) If the petitioners 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 surety slip (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 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 petitioners in accordance with law as if the Page3 of 5
conditions have been imposed and the petitioners released on 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 26-02-2026 MPA To 1.The Judicial Magistrate, Edapadi. 2.State Rep By The Inspector of Police, Poolampatti Police Station, Crime No.46 of 2026 3.The Public Prosecutor, High Court, Madras. Page4 of 5
K.RAJASEKAR, J.
MPA 26-02-2026 Page5 of 5