Thirupathi Vs State rep. by - Court Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Thirupathi

2. Praveen Kumar

3. Jagadeeswaran

4. Kalimuthu Petitioner(s) Vs

State rep. by The Inspector of Police, Udumalpet Police Station, Tiruppur District. Crime No.36 of 2026 Respondent(s) PRAYER This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the Petitioners on bail in the event of their arrest in connection with Crime No.36 of 2026 on the file of respondent Police.

For Petitioner(s): Mr.D.Ilayaraja For Respondent(s): Ms.J.R.Archana, GA (Crl. Side)

ORDER

The petitioners, who apprehend arrest by the respondent police for the offences punishable under Sections 296(b), 115(2), 324(3), 351(2) of BNS and Section 4 of TNPHW Act (Section 294(b), 323, 425 and 506 (i) of IPC) in Crime No.36 of 2026 seek anticipatory bail. 2.The case of the prosecution is that due to a wordy quarrel, the petitioners abused, assaulted and threatened the defacto complainant with dire consequences. Hence, the case. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, the learned counsel prayed for the grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution’s case and on instructions, reported that injured sustained simple injuries, the investigation in this case is pending and no previous cases are pending against the petitioners. Hence, she opposed for the grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of this case, the

submissions made by learned counsel appearing on either side and the custodial interrogation of the petitioners is not necessary, I am inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on

anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Udumalpet on condition that each of the petitioners 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 tamper with evidence or witness either during investigation or trial;

(d) the petitioners shall not abscond 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 29-01-2026 jai To 1.The Inspector of Police, Udumalpet Police Station, Tiruppur District.

2. The Judicial Magistrate No.I, Udumalpet.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

jai CRL OP No. 1911 of 29-01-2026