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Madras High CourtCRL OP/1261/2026granted

S. Arunraj v. State Rep.By, The Inspector Of Police,

2026-01-22Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. S. Arunraj

2. Dheelip Kumar Sekar ..Petitioners Vs State Rep.by, The Inspector of Police, Vellore South L and O Police, Vellore.

Cr.No.4 of 2026.

..Respondent(s) Prayer: Criminal Original Petition filed under section 482 of BNSS to grant Anticipatory bail to the petitioners in Cr.No.4 of 2026 in the event of arrest pending on the file of the Respondent Police. For Petitioners:

Sriraam MS For Respondent:

Ms.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) and 351(2) of BNS 2023 r/w Section 4 of TNPHW Act in Crime No.4 of 2026 on the file of the respondent Police, seeks anticipatory bail.

2.

The case of the prosecution is that the A1 is the son-in-law of the complainant and out of a matrimonial dispute, A1 attacked the complainant using hands and caused injury and mentally harassed the family members. Hence, the case.

3.

The learned counsel appearing for the petitioners submitted that the petitioners are merely friends of A1. At the request of the A1's mother, they went to the place of occurrence only to pacify the situation and to avert any quarrel between the two families. The petitioners have been falsely implicated in this case and hence, he prayed to grant anticipatory bail to the petitioners. 4.

The learned Government Advocate (Crl. Side) reiterated the case of the prosecution and submitted that the there is no previous case pending against the petitioners, however, considering the nature of offence, she opposed to grant anticipatory bail to the petitioners.

5.

Considering the submissions made, facts and circumstances of this case, nature of allegation, considering the relationship between the parties, I am of the view that the custodial interrogation of the petitioners is not necessary to investigate with the case of this nature. Hence, I am inclined to grant anticipatory bail to the petitioners subject to certain conditions.

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, before the learned Judicial Magistrate No.I, Vellore on condition that each of the petitioners shall execute separate bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:

(a) If the petitioners fail 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 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of three 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 conditions have been imposed and the petitioners 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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

22-01-2026 shl To

1. The Judicial Magistrate No.I, Vellore

2. The Inspector of Police, Vellore South L and O Police, Vellore.

3. The Public Prosecutor High Court of Madras

K.RAJASEKAR, J.

shl 22-01-2026