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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.2425 of 2026

1. Gopi

2. Karthick

3. Sathish Kumar ... Petitioners / Accused Vs The State Rep. By, The Inspector of Police, Perumbalai Police Station, Dharmapuri District.

(Crime No.17 of 2026) ... Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners herein on anticipatory bail in the event of their arrest by the respondent in Crime No.17 of 2026 on the file of the respondent police.

For Petitioners : Mr. Deepak Kumar C For Intervenor : Ms.K.Rajeswari For Respondent : M/s. J.R. Archana Government Advocate (Crl.Side) ****** 1/5

O R D E R

The petitioners herein, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(1), 296(b), 115(2), 118(1), 126(2), 351(3) of BNS in Crime No.17 of 2026 on the file of the respondent Police, seek anticipatory bail.

2.

The case of the prosecution is that, due to a land dispute between the parties, the petitioners attacked the defacto complainant and his family members using iron rod and stones, which caused severe injuries to the defacto complainant and his family members. Hence, this case.

3.

The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case; that the petitioners were also injured in this case and they have also lodged a complaint in Cr.No.18 of 2026 and that the petitioners are ready to abide by any conditions that may be imposed by this Court and to co-operate for the investigation, hence sought for anticipatory bail to the petitioners.

4.

The learned counsel appearing for the intervenor while opposing the anticipatory bail to the petitioners reiterated the prosecution case and submitted that 2/5

even after the registration of FIR, the petitioners are continuously threatening the defacto complainant and also harassing mentally. 5.

The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioners reiterated the prosecution case and submitted that the investigation of this case is pending and both the parties attacked each other during the quarrel and the injured got discharged from the hospital and there is no previous case as against the petitioner. 6.

Considering the submissions made, facts and circumstances of this case, nature of allegation, the fact that the injured got discharged from the hospital and it is a land dispute and custodial interrogation of the petitioners is not necessary for the purpose of investigation, 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 on which the order copy made ready, before the learned Judicial Magistrate, Pennagaram, on condition that 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 3/5

condition that:

[a] if the petitioners fail to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of 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 the identity proofs to ensure their identity;

[c] the petitioners shall report before the respondent police daily evening at 6.30.p.m., for a period of three weeks and thereafter, as and when required for interrogation; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner 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]; [e] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

03.02.2026 ssa 4/5

K. RAJASEKAR, J.

ssa To

1. The Judicial Magistrate, Pennagaram.

2. The Inspector of Police, Perumbalai Police Station, Dharmapuri District.

(Crime No.17 of 2026)

3. The Public Prosecutor, High Court of Madras.

CRL OP NO.2425 of 2026 03.02.2026 5/5