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

`IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 22.01.2026

CORAM

THE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRA 1.Arul 2.Sankar @ Umashanker 3.Arun 4.Kathir Rasathinam 5.Selvam 6.M.P. Natarajan 7.Ananth 8.Vijayakumar 9.Annamalai 10.Kumaravel 11.Gowshik 12.Rajamanickam ....

Petitioners Vs State Rep. by The Inspector of Police Ethappur Police Station, Salem District.

Crime No.468 of 2025 ....

Respondent Prayer: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the Petitioners on bail, in the event of their arrest, pending investigation in Crime no. 468 of 2025 on the file of Inspector of Police, Ethappur Police Station, Salem District. For Petitioners :

Mr.V.S.Gopu For Respondent :

Mr.K.M.D.Muhilan Additional Public Prosecutor 1/5

ORDER

Apprehending arrest in connection with Crime No.468 of 2025 registered for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2) 118(1) & 351(3) of Bharatiya Nyaya Sanhita and Section 4 of TNPHW, Act, the present petition has been filed by the petitioners seeking anticipatory bail.

2. The case of the prosecution is that during a funeral-related gathering, about 20 vehicles bearing PMK flags were parked on the road, damaging betel nuts being dried by the de facto complainant's son. When he objected, the petitioners, claiming to be members of a political party, along with others, allegedly abused him in filthy language and threatened him with dire consequences. Hence, the case.

3. Pleading innocence on the part of the petitioners and false implication in the case, learned counsel for the petitioners seek indulgence of this Court. Learned counsel for the petitioners would submit that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. He also pointed out that the 1st petitioner is a sitting MLA.

4. The case of the prosecution as put forth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of 2/5

anticipatory bail, is that a major portion of the investigation is completed.

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

6. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. 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.I, Aathur, on condition that the petitioners shall execute separate bond for a sum of Rs.5,000/- (Rupees Five Thousand only), with one surety, 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 said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioners shall report before the respondent Police as and when required;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

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[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 absconds, a fresh FIR can be registered under Section 269 of BNS.

22.01.2026 Index : Yes/No Internet : Yes/No rpl To 1.The Judicial Magistrate No.I, Aathur 2.The Inspector of Police, Thiyagadurugam Police Station, Kallakurichi District.

3.The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA, J, rpl 22.01.2026 5/5