Arivazhagan v. State By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. Arivazhagan
2. Selvi @ Tamilselvi
3. Iyyappan
4. Arun ..Petitioners Vs State by The Inspector of Police, Auroville Police Station Villupuram District (Crime No. 81 of 2026) ..Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS to enlarge the petitioners on bail in the event of their arrest by the respondent police concerned in Crime No.81 of 2026 on the file of Inspector of Police, Auroville Police Station, Villupuram District.
For Petitioner:
Mr.Sasikumar S For Respondent:
Mr.P.Dhileepan Government Advocate (Crl.Side)
ORDER
The petitioners apprehends arrest for the alleged offence under Sections 296(b), 132 BNS 2023 in Crime No.81 of 2026 on the file of the respondent
police seek anticipatory bail.
2. The case of the prosecution is that the petitioners and other accused prevented the de facto complainant from performing his official duties and threatened him with dire consequences. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. The petitioners are ready and willing to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners have poured kerosene and intimidated the de facto complainant. Hence, he opposed to grant anticipatory bail to the petitioners.
5. From the submissions made by the learned Government Advocate (Crl.Side) it is seen that the occurrence took place on 25.10.2024 and the only allegation against the petitioners is that A4 has poured kerosene and intimidated the de facto complainant. Nothing has happened except pouring kerosene. Further, the learned Government Advocate (Crl.Side) also submitted that the
entire issue has occurred, only due to the work of placing TNEB Transformer. In view of the above factual position and the FIR was registered only on 19.03.2026, at this length of time, this Court is of the view that custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to certain conditions.
6. 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, Vanur, Villupuram District, on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 fail 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 everyday 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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
02-04-2026 SHL To:
1. The Judicial Magistrate, Vanur, Villupuram District
2. The Inspector of Police, Auroville Police Station Villupuram District
3. The Public Prosecutor High Court of Madras
C.KUMARAPPAN J.
SHL 02-04-2026