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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Vinayagam S/o. Marimuthu, No.45/ 1, Mannadi Street, Periya Obulapuram, Gummidipoondi Taluk, Thiruvaliur District. and 2 Others

2. ABl @ ABINESH S/o. Vinayagam, No.45/ 1, Mannadi Street, Periya Obulapuram, Gummidipoondi Taluk, Thiruvallur District.

3.Ajith Alias Ajithkumar S/o. Palani, No.41, Mannadi Street, Periya ObulaPuram, Gummidipoondi Taluk, Thiruvallur District Petitioner(s) Vs

1. The State Rep By, The Inspector of Police Arambakkam Police Station, Thiruvallur District (Crime No.15 of 2026) Respondent(s) PRAYER To enlarge the petitioner on bail in the event of their arrest by the respondent police in Crime. No. 15 of 2026 on the file of Inspector of Police, Arambakkam Police Station, Thiruvallur District.

For Petitioner(s):

Sasikumar S For Respondent(s):

M/S.J.R.Archana Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 191(2), 191(3), 329(4), 296(b), 324(2), 115(2), 351(3), 49 of BNS 2023 r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002 in Crime No. 15 of 2026, seek anticipatory bail.

2. The allegation against the petitioners is that they joined hands with other accused, threatened the de facto complainant, and attacked her with hands and legs, caused severe injuries. Hence, the case has been registered.

3. The learned counsel for the petitioners submits that it was a sudden quarrel, they did not cause grievous injuries, the petitioners have no previous cases, and the injured was treated as an outpatient. Therefore, he prays for the grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that there are 13 accused in this case, the petitioners are ranked as A2, A4, and A5, two persons

have already been arrested and are in custody, the petitioners have no previous cases, and the investigation is pending. Hence, she opposed the grant of anticipatory bail to the petitioners.

5. Considering the nature of the allegations and the fact that the petitioners have no previous cases and the injuries caused are not serious, this Court is inclined to grant anticipatory bail to the petitioners with 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 ready, before the learned District Munsif Cum Judicial Magistrate, Gummudipoondi, 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: (a) If the petitioners fails 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 everyday at 10.30 a.m., for a period of two 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 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.

27-01-2026 Mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Munsif Cum Judicial Magistrate, Gummudipoondi. 2.The State Rep By, The Inspector of Police Arambakkam Police Station, Thiruvallur District (Crime No.15 of 2026) 3.The Public Prosecutor High Court, Madras.

K.RAJASEKAR J.

mpa CRL OP No. 1550 of 27-01-2026