Vigneshwaran v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Vigneshwaran S/o. Aruchamy, 13/25, Thiruvengatam Nagar, Vadugapalayam Pirivu, Palakkad Road, Pollachi, Coimbatore.

2. Udhayaprakash C/o. Karuppaiya, 6/1, CV Raman Nagar, Murugappa Layout, Mahalingapuram, Pollachi.

3. Masilamani S/o. Vellingiri, 12, Vijayapuram, T. Kottampatti, Mahalingapuram, Pollachi,

4. Sabarishkumar S/o0. Mahalingam, 25, Chellappan Street, Pollachi,

5. Udhayakumar S/o. Sakthivel, 9/104, Karikal Cholan Street, Pollachi, ..Petitioner(s)

Vs State Rep.by, The Inspector of Police, Pollachi East Police Station, (Crime No. 107 of 2026) ..Respondent(s) Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to grant Anticipatory Bail to the Petitioners in the event of their arrest in Crime No. 107 of 2026 on the file of the Respondent Police, pending investigation.

For Petitioner(s):

Mr.N.Ponraj For Respondent(s):

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

ORDER

The petitioners apprehend arrest for the alleged offences under Sections 192, 196(1)(b) and 352 of BNS r/w Section 3 of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 in Crime No.107 of 2026 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant, being the Pollachi Town Secretary of the AIADMK Party, alleged that between 11.30 p.m on 18.03.2026 and 7.00 a.m. on 19.03.2026, banners of erstwhile Ministers were placed at various places in Pollachi with slipper garlands and objectionable posters, intending to tarnish their image and disturb public tranquility, in violation of Election Laws. Based on the complaint, a case has been registered against the petitioners.

3. The learned counsel for the petitioners submitted that by putting up the flex boards, the petitioners had merely expressed their dissent against the statements made by the former minister. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. 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 posters are defamatory statement in nature and that the act of placing slipper garlands on the images amounts to humiliation. He further submitted that such acts are very serious in nature. Hence, he opposed to grant anticipatory bail to the petitioners.

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

6. Considering the fact that the petitioners have only expressed their dissent against the statements made by the former minister, this Court is of the firm view that custodial interrogation of the petitioners is not necessary. Taking into account, the nature of the allegations and the willingness of the petitioners to cooperate with the investigation, 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.I, Pollachi 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 shall report before the respondent Police, daily at 10.30 a.m. for a period of one week 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

30-03-2026 DRL

To 1.The Judicial Magistrate No.I, Pollachi.

2.The Inspector of Police, Pollachi East Police Station, 3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 30-03-2026