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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Gowrishankar

2. Parameshwari

3. Lakshmi

4. Deepa

5. Adhilakshmi Petitioner(s) Vs The State Rep By its, The Inspector of Police Kandili Police Station, Thirupathur District.

Crime No.5 of 2026 Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner on anticipatory bail in the event of arrest in Crime No.5 of 2026 on the file of the Inspector of Police, Kandili Police Station, Thirupathur District/respondent police.

For Petitioner(s):

Mr.T.Shanmugam For Respondent(s):

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 329(3), 296(b), 115(2), 118(1), 324(4) and 351(3) of BNS Act, in connection with Crime No.5 of 2026, registered on the file of the respondent, seek anticipatory bail.

2. The allegation against the petitioners is that, due to a land dispute between the petitioners and the de facto complainant, the petitioners abused the de facto complainant in filthy language, attacked him using iron rod, thereby causing injuries and also threatened him with dire consequences.

3. The learned counsel appearing for the petitioners submitted that the petitioners are the innocent person and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed 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 petitioners have no previous case. However, she opposed for grant of anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature of the allegation, the submissions made by the learned counsel on either side, and also taking into account that the petitioners have no previous case, 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 of receipt of a copy of this order, before the learned Judicial Magistrate, No.II, Thirupathur on condition that the petitioners 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 that:

[a] if the petitioners fails to surrender before the concerned Magistrate within a period of fifteen days from

the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] the petitioners are directed to deposit a sum of Rs.10,000/- each to the credit of Crime No.5 of 2026 before the learned Judicial Magistrate, No.II, Thirupathur and the proof of the same shall be produced at the time of execution of sureties before the learned Magistrate concerned.

[c] 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 the identity proofs to ensure their identity; [d] 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;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

12-01-2026 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Judicial Magistrate, No.II, Thirupathur.

2. The Inspector of Police Kandili Police Station, Thirupathur District.

3. The Public Prosecutor, High Court of Madras, Chennai.

K.RAJASEKAR J.

jd 12-01-2026