Murugan v. The State Rep.By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.Murugan 2.Karthick 3.Govindaraj ... Petitioners Vs.
State rep by The Inspector of Police, Veppankuppam Police Station, Vellore District.
(Crime No. 40 of 2026) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on bail in the event of arrest in Crime No.40 of 2026 on the file of the respondent police. For Petitioners : Mr.J.Prakasam For Respondent : Mr. P. Dhileepan Government Advocate (Crl.Side)
O R D E R
The petitioners apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(2), 351(3), 109 of BNS read with Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.40 of 2026 on the file of the respondent police seek anticipatory bail. 1/5
2. The case of the prosecution is that due to previous enmity arising from a land dispute, on the date of the alleged occurrence, the petitioners attacked the defacto complainant with knife, causing him injuries. Hence, a case has been registered against the petitioners.
3. The learned counsel appearing for the petitioners would submit that there is a case in counter and that the defacto complainant is arrayed as an accused in another case in Crime No.41 of 2026, for which he has also filed an anticipatory bail petition in Crl.OP.No.5347 of 2026. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned counsel for the intervener would vehemently contended that the injured is still in the hospital.
5. However, the factum was disputed by the learned Government Advocate (Crl.side) appearing for the respondent.
6. I have given my anxious consideration to either side submissions.
7. However, while looking at the FIR, the injuries sustained by the accused and the sufferings in the hospital, this Court is inclined to enlarge the 2/5
anticipatory bail to the petitioners, subject to certain conditions.
8. 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 is made ready, before the learned Judicial Magistrate Court No.III, Vellore, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fails to surrender before the concerned learned 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, daily at 10.30 a.m., for a period of three 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 petitioner in accordance with law as if the 3/5
conditions have been imposed and the petitioners released on anticipatory 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
04.03.2026 AT To 1.The Judicial Magistrate No.III, Vellore.
2.The Inspector of Police, Veppankuppam Police Station, Vellore District.
3.The Public Prosecutor, High Court of Madras.
4/5
C.KUMARAPPAN.J.
DRL Crl.OP.No.5451 of 2026 (2/2) 04.03.2026 5/5