Arunapathi 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. Arunapathi 2.Gurumoorthy 3.Ganapathy 4.Ramachandran Petitioner(s) Vs The State Rep By, The Inspector of Police Sholinghur Police Station, Ranipet District. (Crime No. 02 of 2026) Respondent(s) PRAYER:This Criminal Original Petition is filed under Section 482 of BNSS to enlarge the petitioners on Anticipatory bail in the event of their arrest in Crime No. 02 of 2026 pending investigation on the file of respondent Police. For Petitioner(s):

Mr.R.Thirumoorthy 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 329(2), 296(b), 115(2), 118(2), 351(2) of BNSS Act in connection with the Cr.No.02 of 2026, seeks anticipatory bail.

2. The allegations against the petitioners is that on 03.01.2026, due to a civil dispute, the petitioners went to the disputed property(Hotel), abused the defacto complainant in filthy language and assaulted him and his family members. 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. He further submitted that a civil dispute is pending between the petitioners and the defacto complainant, due to which, the defacto complainant and his family members abused the petitioners in filthy language and assaulted them. Therefore, an FIR was registered against the defacto complainant in Crime.No.03 of 2026 for offences punishable under Section 329(2), 296(b), 115(2), 118(2), 351(2) of BNS Act 2023. Hence, 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 it is a case and case in counter, using wooden log the petitioners have assaulted the defacto complainant, the investigation in this case is still pending and opposed for grant of anticipatory bail to the petitioners.

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

6. Considering the submissions made by both sides, the fact that it is a case and a case in counter and the custodial interrogation of the petitioners is not necessary, I am 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 (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sholinghur 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 learned Magistrate concerned and on further condition that:

[a] the 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 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 petitioners shall not leave India without the previous

permission of the Court;

[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 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 B.N.S.2023.

12-01-2026 jai To 1.The State Rep By, The Inspector of Police Sholinghur Police Station, Ranipet District.

2. The Judicial Magistrate, Sholinghur.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

jai 12-01-2026