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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Sathishkumar S/o. Elumalai, No. 3/156, Naavamarathukkadu, Mukkuthipalayam,

2. Yuvaraj @ Seeni S/o. Elumalai, No. 3/156, Naavamarathukkadu, Mukkuthipalayam,

3. Kamala W /0. Murugesan, No. 3/156, Naavamarathukkadu, Mukkuthipalayam,

4. Azhagurani D/o. Chinnapaiyan, No.3/118, Mukkuthipalayam,

5. Poovayi W/o. Elumalai, No. 3/156, Naavamarathukkadu, Mukkuthipalayam,

6. Murugesan S/o. Elumalai, No. 3/156, Naavamarathukkadu, Mookuthipalayam, Salem District. ..Petitioner(s)

Vs State Rep By its The Inspector of Police, Mallur Police Station, (Crime No.56 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioners on bail in the event of arrest in Crime No. 56 of 2026 on the file of the Respondent and thus render Justice.

For Petitioner(s):

Mr.Deepak Kumar C For Respondent(s):

Public Prosecutor

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 191(2), 296(b), 118(1) and 117(2) of BNS, in Crime No.56 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that, due to previous enmity between the petitioners and the defacto complainant, on the date of the alleged occurrence, a wordy quarrel arose between them. During the course of the said quarrel, the petitioners attacked the defacto complainant with hands and stone, thereby causing injuries to him Hence, a case has been registered against the petitioners.

3. The learned counsel for the petitioners submitted that it is a case and

case in counter. He further submitted that the alleged occurrence took place on 18.02.2026 and FIR came to be registered on 26.02.2026; and that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant anticipatory bail to the petitioners.

4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the injured has already been discharged from the hospital on 20.02.2026. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given my anxious consideration to either side submissions.

6. Taking into consideration the nature of the occurrence , the fact that, it is a case of case and case in counter; the delay in registration of the FIR and also considering the fact that the injured has already been discharged from the hospital, this Court is inclined to enlarge the petitioners on anticipatory bail 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.VI, Salem, 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 1, 2 and 6 shall report before the respondent Police, daily at 10.30 a.m. for a period of two weeks and the petitioners 3 to 5 shall report before the respondent police 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.

26-03-2026 DRL To 1.The Judicial Magistrate No.VI, Salem.

2.State Rep By its The Inspector of Police, Mallur Police Station, 3.The Public Prosecutor, High Court Madras.

C.KUMARAPPAN, J.

DRL 26-03-2026