Thiruvengadam v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Thiruvengadam ..Petitioner Vs State by Inspector of Police Katpadi Police Station, Vellore District.

Crime No. 31 of 2026 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime No.31 of 2026 on the file of the respondent police.

For Petitioner:

Mr.D.Thirumoorthy For Respondent:

Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 118(1) of Bharatiya Nyaya Sanhita, Act, 2023 @ 296(b), 118(1) and 351(3) of BNS Act, 2023 [324 of IPC @ 294(b), 324 & 506(2) of Indian Penal Code, 1860) in Crime No.31 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The prosecution's case is that the petitioner is the brother-in-law of the defacto complainant. Following a family misunderstanding, the petitioner allegedly attacked the complainant with a knife, causing injuries. Hence, the case was filed.

3. The learned counsel appearing for the petitioner submitted that the petitioner and the defacto complainant are relatives and in furtherance of the wordy quarrel, this incident had taken place. The learned counsel appearing for the petitioner further submitted that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is ready to abide by any condition imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that son of the defacto complainant sustained injuries in his hand. However, that injury is simple in nature and he discharge from the hospital. Hence, he opposed to grant anticipatory bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the submissions of the learned counsel for both side, it is seen that the petitioner and the defacto complainant are relatives. Taking into account the totality of the circumstances, the specific overt acts attributed to the petitioner and at this length of time, custodial interrogation is no longer required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Katpadi, on condition that the petitioner shall execute a 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 petitioner 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 petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

24-03-2026 NSL To

1. The Inspector of Police Katpadi Police Station, Vellore District.

2. The Public Prosecutor High Court of Madras.

3. The Judicial Magistrate, Katpadi.

C.KUMARAPPAN, J.

NSL 24-03-2026