Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2026
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
1. Ajaykumar
2. Prabakaran
3. Manojkumar ... Petitioners Vs. The State represented by, The Inspector of Police, Kuniyamuthur Police Station, Coimbatore City. (Crime No.79 of 2026) ... Respondent
PRAYER: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in the event of their arrest in Crime No.79 of 2026 pending investigation on the file of the respondent police. For Petitioners : Ms.A.Jagadeeswari For Respondent : Mr.P.Dhileepan Government Advocate (Criminal Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 296(b), 115(2), 132 and 351(3) of BNS in Crime No.79 of 2026 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the accused abused the de facto complainant, a police constable, in filthy language and prevented him from discharging his official duties. Hence the case.
3. Learned counsel appearing for the petitioners submitted that
the petitioners are innocent and a false complaint has been lodged against them. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioners.
4. Learned Government Advocate (Criminal Side) appearing for
the respondent police reiterated the prosecution case and opposed for the grant of anticipatory bail to the petitioners. He further submitted that several previous cases are pending against the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the above facts and circumstances of the case and
the nature of the allegation and further taking note of the fact that the custodial interrogation of the petitioners are not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail
in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.7, Coimbatore, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum, to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] 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; [c] the petitioners shall not abscond during during investigation or trial;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the 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 vs. State of Kerala [(2005)AIR SCW 5560]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
30.04.2026 ham To
1. The Judicial Magistrate No.7, Coimbatore.
2. The Inspector of Police, Kuniyamuthur Police Station. Coimbatore City.
3. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
ham 30.04.2026