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Madras High CourtCRL OP/5496/2026clarified

Suriyagandhi Alias Surya v. The State Rep.By

2026-03-13Honourable Mr.Justice C.Kumarappan7 pages

CRL OP No. 5496 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 5496 of 2026

1. Suriyagandhi W/o.Selvaraj, No.1/96, Mandhaveli Street, Ramanathapuram, Thalanur,Arcot, Vellore, Tamilnadu-632 503.

2. Maheswari Egamparam W/o.Egamparam, No.11/1, Mooppanar Nagar, Edayansathu, Vellore, Tamilnadu-632 002.

3. Egavalli W/o.Saravanan, No.1/265, Kattabomman Street, Chitteri, Thorapadi, Vellore, Tamilnadu-632 002.

4. M.Selvaraj S/o.Munusami, No.1/96, Mandhaveli Street, Ramanathapuram, Thalanur, Arcot, Vellore, Tamilnadu-632 503.

..Petitioner(s) Vs The State represented by:

The Sub Inspector of Police, Bagayam Police Station, Vellore.

Cr.No.33/2026.

..Respondent(s) __________

CRL OP No. 5496 of 2026 For Petitioner(s):

M/s.K.Mukund Rao For Respondent(s):

Mr. S. Vinoth Kumar, Government Advocate (Criminal side).

ORDER

This petition has been listed under the caption 'for being mentioned' at the instance of the learned counsel appearing for the petitioner.

2. Learned counsel appearing for the petitioner would submit that there is a typographical error in the order in respect of Sections of offences, however the same is correctly mentioned in the petition.

3. In view of the above submission, the Registry is directed to correct the order copy with reference to the sections mentioned in the petition and to issue a fresh order copy.

13-03-2026 MJS __________

CRL OP No. 5496 of 2026 C.KUMARAPPAN, J.

MJS CRL OP No. 5496 of 2026 13-03-2026 __________

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.Suriyagandhi 2.Maheswari Egamparam 3.Egavalli 4.Selvaraj ... Petitioners Vs.

State Rep. By The Sub Inspector of Police, Bagayam Police Station, Vellore.

... Respondent (Crime No.33 of 2026) 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 their arrest in Crime No.33 of 2026 on the file of the respondent police.

For Petitioners : Mr.K.Mukund Rao For Respondent : Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 3351(2), 302(2) of BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.33 of 4/7

2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that, due to a property dispute, the petitioners along with co-accused abused and assaulted the de facto complainant and his sister and snatched a gold chain weighing about five sovereigns. Hence, the case.

3. The learned counsel for the petitioners would submit that it is a case and counter case. According to the petitioners, due to the land dispute, there was a scuffle and, in pursuance thereof, both the parties have given complaints. He further submitted that co-accused/A1 and A2 had already been enlarged on bail on 03.03.2026 in Crl.M.P.No.681 of 2026 by the learned Principal Sessions Judge, Vellore. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police strongly opposed that the de facto complainant had sustained simple injuries and that he has been discharged.

5. Considering the facts and circumstances of the case and looking at the factual position that the first and second petitioners are women aged 5/7

about 56 and 59 years respectively, and that the fourth petitioner is a senior citizen aged about 61 years, and also taking into account that A1 and A2 have already been released on bail and that there is no previous case against these petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to 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 is made ready, before the learned Judicial Magistrate, Additional Mahila Court, Vellore, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 fail 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;

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C.KUMARAPPAN, J.

(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 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 cda To 1.The Judicial Magistrate, Additional Mahila Court, Vellore. 2.The Sub Inspector of Police, Bagayam Police Station, Vellore.

3.The Public Prosecutor, High Court of Madras.

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