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Madras High CourtCRL OP/6874/2026granted

Chinnadurai v. State Rep.By Its, The Inspector Of Police,

2026-03-17Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2026

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN 1.Chinnadurai 2.V.V.Srinivasan 3.Kannan @ Vellaiya Goundar ... Petitioners Vs.

The State rep by The Inspector of Police, Sankari Police Station, Sankari, Salem District.

(Crime No.532 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.532 of 2025 pending investigation on the file of the respondent police. For Petitioners : Mr.M.Dinesh For Respondent : Mr.P.Dhileepan, Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 296(b), 115(2), 133, 118(1), 351(3) of BNSS, 2023 (corresponding Sections 1/6

294(b), 323, 355, 324, 506(ii) of IPC) in Crime No.532 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioners and the de facto complainant are relatives residing in a common ancestral property. It is alleged that, on the date of occurrence, due to a dispute over electricity supply, the petitioners attacked the de facto complainant and caused injuries. Based on his complaint, the respondent police registered a case in Crime No.532 of 2025.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and have not committed any such offence as alleged by the prosecution and that they have been falsely implicated in this case. He further submitted that the petitioners are ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the de facto complainant had sustained grievous injuries. The occurrence took place on 13.11.2025 and the FIR was registered on 03.12.2025. He further submitted that there is also a counter case against the de facto complainant and that the injured has already been 2/6

discharged from the hospital.

5. Considering the date of occurrence, namely 13.11.2025, the delay in registration of the FIR, and also considering the fact that there is a counter case between the parties, and further taking into account the age of the third petitioner, this Court is of the view that, at this stage, no custodial interrogation of the petitioners is required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on anticipatory 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 Judicial Magistrate No.I, Sankari, Salem District, 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 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;

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(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 four 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. 17.03.2026 cda 4/6

To 1.The Judicial Magistrate No.I, Sankari, Salem District. 2.The Inspector of Police, Sankari Police Station, Sankari, Salem District.

3.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN, J.

cda 17.03.2026 6/6