Tamilazhagan v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Tamilazhagan

2. Velumani ..Petitioners Vs The State rep by The Inspector of Police Melchengam Police Station, Tiruvannamalai District.

(Crime No.31 of 2026) ..Respondent Prayer: Criminal Original Petition filed under section 482 of BNSS to enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent police in Crime No.31 of 2026 on the file of the respondent police. For Petitioner:

Mr.J Pradeep For Respondent:

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

ORDER

The petitioners apprehends arrest for the alleged offence under Sections 296(b), 115(2), 118(1), 351(3) of BNS Act in Crime No.31 of 2026 on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that due to a land dispute, the petitioners have assaulted and abused the de facto complainant. Hence, this case.

3. The learned counsel for the petitioner submitted that the occurrence took place on 22.02.2026 and FIR was registered on 26.02.2026. Totally there are three accused. A1 has already been enlarged on anticipatory bail on 11.03.2026. Since A1 being a woman, this Court has considered her bail applications, however, the same was dismissed against these petitioners, since the injured person sustained serious injury. Therefore, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and fairly submitted that the injured has undergone treatment for three days and discharged from hospital and according to the AR, the injury sustained by the de facto complainant is not very serious. However, 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 facts and circumstances of the case and taking into consideration of the fact that the injured has been discharged from hospital and

that the FIR was registered on 26.02.2026, at this length of time, no custodial interrogation of the petitioner is required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail 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 Court, Chengam, 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. and 05.30 p.m, for a period of fifteen days 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.

07-04-2026 SHL To:

1. The Judicial Magistrate Court, Chengam

2. The Inspector of Police Melchengam Police Station, Tiruvannamalai District.

3. The Public Prosecutor High Court of Madras

C.KUMARAPPAN J.

SHL 07-04-2026