Palanivel v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Palanivel S/o Kandasamy, No.2/69, Sakthipalayam, Veppangadu, Senapathipalayam, Tiruppur District -638111.

..Petitioner(s) Vs State rep by Inspector of police Vellakovil Police Station, Vellakovil, Tiruppur District Cr.No. 90 of 2026.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioner on bail in the event of their arrest in connection with Crime No.90 of 2026 on the file of the respondent and thus render justice. For Petitioner(s):

M/s.K.Vasanthanayagan For Respondent(s):

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

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 191(2), 192, 296(b), 103(1) of BNS, in Crime No.90 of 2026, seeks anticipatory bail.

2. The case of the prosecution is that on 20.03.2026 at about 15.00 hours, the deceased Saminathan went to a site at Velan Nagar, Semalaigoundenvalasu, where the accused, suspecting him to be a thief, assaulted him during a quarrel. Thereafter he returned home in an intoxicated condition, informed his mother, collapsed, and was taken to the Government Hospital, Tiruppur, where he was declared dead. Based on the complaint, the case has been registered. 3.The learned counsel appearing for the petitioner submitted that the occurrence took place on 21.03.2026 and the deceased was a drunkard, and while he attempted to commit theft in the petitioner's property, the petitioner along with other accused, questioned him, and in furtherance thereof, due to his natural ailment, he subsequently died. However, the petitioner has been falsely implicated. He further submitted that even according to the FIR, it is only alleged that he assaulted the deceased with a plastic pipe. Hence, he seeks anticipatory bail.

4. Per contra, the learned Government Advocate (Criminal Side) would strongly oppose the bail application on the ground that, as per the post-mortem report, there are totally 43 injuries, including 26 cut injuries and 16 contusions on the body and that the petitioner tied up the victim and assaulted him with wooden log and plastic pipe, and only due to such assault the decease died. He further submitted that there is a serious overt act against each of the petitioners

and that the investigation is at preliminary stage. 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 and also perused the records available.

6. From the submissions made by the learned Government Advocate (Crl.Side), it is seen that the deceased sustained sever injuries on the body, which clearly demonstrate that it is homicidal. However, the learned counsel for the petitioner submitted that the only overt act against him is the use of a plastic pipe. This Court is of the firm view, that at this juncture, using of a plastic pipe will not be an extenuating circumstance in favour of the petitioner, as there are numerous injuries on the body of the deceased and the investigation is also at a preliminary stage. Hence, the custodial interrogation of the petitioner is very much required..Therefore this Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, this Criminal Original Petition is dismissed. 30-03-2026 DRL

To 1.The Inspector of police Vellakovil Police Station, Vellakovil, Tiruppur District 2.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 30-03-2026