Venkatesan @ Venkatesh v. The State Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Venkatesan @ Venkatesh S/o.Devan, No.1/52, Kanavaiputhur, Lokkur, Denishpettai, Kadayampatti Taluk, Salem District.

2. Vijay @ Vijai S/o.Ayyanar, No.1/42, Lokkur, Danishpet, Kanavaiputhur, Salem District.

3. Arun S/o.Ayyanar, No.1/42, Lokkur, Danishpet, Kanavaiputhur, Salem District.

4. Ayyanar @ Iyyanar S/o.Krishnan, No.1/42, Lokkur, Danishpet, Kanavaiputhur, Salem District.

5. Megenthiran @ Mathiyalagan S/o.Krishnan, No.1/42, Lokkur, Danishpet, Kanavaiputhur, Salem District.

..Petitioner(s)

Vs The State rep.by, Inspector of Police, Deevattipatty Police Station, Salem District Cr.No.89/2026.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on bail in the event of arrest a case in Cr.No.89 of 2026 on the file of the respondent.

For Petitioner(s):

Mr. DEEPAK KUMAR C For Respondent(s):

MR.P.DHILEEPAN, GOVT.ADVOCATE (CRL SIDE)

ORDER

The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 189(2), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 in Crime No.89 of 2026, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioners is that, due to previous enmity with regard to land dispute, a wordy quarrel arose between the petitioners and the defacto complainant. During the course of the said quarrel, the petitioners allegedly attacked the defacto complainant with wooden log and caused severe injuries to him. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that they are ready to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the injured has already been discharged from the hospital. He further submitted that the earlier anticipatory bail application was dismissed on 26.03.2026 in Crl.OP.No.7730 of 2026 and that there is no change in circumstances Hence, he opposed to grant anticipatory bail to the petitioners.

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

6. Taking into consideration the above aspects, along with the fact that the occurrence took place on 16.03.2026 and that the injured has been discharged from the hospital and the major portion of the investigation must have been completed, at this length of time, the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail, subject to 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 Court, Omallur, 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 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 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.

27-04-2026 DRL To 1.The Judicial Magistrate Court, Omallur

2. The Inspector of Police, Deevattipatty Police Station, Salem District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 27-04-2026