Bakkiyavathi v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-01-2026

CORAM

THE HONOURABLE MR. JUSTICE K. RAJASEKAR

1. Bakkiyavathi

2. Dhanapal @ Dhanabal

3. Geetha

4. Murali Petitioner(s) Vs The State Rep By, The Inspector of Police Virunchipuram Police Station, Vellore District (Crime No.272/2025) Respondent(s) PRAYER:This Criminal Original Petition is filed under Section 482 of BNSS to enlarge on bail in the event of his arrest pending investigation case in Crime No.272 of 2025 on the file of the respondent.

For Petitioner(s):

Mr.M Karthik For Respondent(s):

Ms.J.R.Archana, GA (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), 118(1) and 324(4) of BNS 2023 under Sections 294(b), 323, 326 and 440 of IPC in connection with the Cr.No.272 of 2025, seeks anticipatory bail.

2. The allegations against the petitioners are that due to money dispute, the petitioners abused the defacto complainant and his family members in filthy language and assaulted them using stone, causing injuries and damage to their house. Hence, the case.

3. Learned counsel for the petitioners submitted that the petitioners are innocent persons, and they have been falsely implicated in this case by the respondent police and ready to abide by any stringent condition that may be imposed by this Court. The learned counsel prays for grant of anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and on instructions submitted that the fourth petitioner who has been arrayed as A4 was arrested by the respondent police, the second petitioner has 14 previous case pending against him, the injured was discharged from hospital and the investigation in this case is still pending, hence she opposed for grant of anticipatory bail to the petitioner Nos.1, 2 and 3.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions made by the learned counsel appearing on

either side, the injured has been discharged from hospital, the overtact levelled against the first and third petitioners, and the custodial interrogation of the first and third petitioners are not necessary,hence, I am inclined to grant anticipatory bail to the first and third petitioners with certain conditions.

7. Accordingly, the first and third 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 Court No.4, Vellore & District on condition that the first and third petitioners 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 condition that:

[a] the first and third petitioners shall report before the respondent police daily at 10.30 am., for a period two weeks and thereafter as and when required for interrogation.

[b] the first and third petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[c] the first and third petitioners shall not leave India without the previous permission of the Court;

[d] the first and third 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 first and third petitioners in accordance with law as if the conditions have been imposed and the first and third 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 B.N.S.2023.

8. Considering the bad antecedents of the second petitioner/A2 who has 14 previous cases pending against him, and considering the other facts and circumstances of this case, I am not inclined to grant anticipatory bail to the second petitioner. Hence, this Criminal Original Petition seeking anticipatory bail is dismissed for the second petitioner.

9. Since the fourth petitioner was already arrested by the respondent police, this Criminal Original Petition seeking anticipatory bail stands dismissed for fourth petitioner.

09-01-2026 jai

To 1.The Inspector of Police Virunchipuram Police Station, Vellore District.

2. The Judicial Magistrate No.4, Vellore & District.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

jai 09-01-2026