Sridhar v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Sridhar S/o. Veerasamy residing at Payakar Street, Periya Komeswaram, Ambur Taluk, Tirupatur District.

2. Santhi W/o.Veerasamy Payakar Street, Periya Komeswaram, Ambur Taluk Tirupatur District.

..Petitioner(s) Vs State Rep by The Inspector of Police Omerabad Police Station, Tirupatur District.

Crime No. 78 of 2026 ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on anticipatory bail in the event of arrest them in connection with Crime No. 78 of 2026 on the file of the respondent police and thus render justice.

For Petitioner(s):

Mr. K.T.S. Siva Kumar For Respondent(s):

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

ORDER

The petitioners apprehend arrest at the hands of the respondent police for

the offences punishable under Sections 294(b), 118(1), 115(2), 351(2) alter into Sections 296(b), 118(1), 115(2), 109(1), 351(2) of BNS, 2023 in Crime No.78 of 2026, on the file of the respondent Police, seek anticipatory bail.

2. The allegation against the petitioners is that due to a dispute over family property between the petitioners and the defacto complainant, the petitioners assaulted and threatened the defacto complainant with dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the occurrence took place on 09.03.2026 and the FIR was registered on 10.03.2026. He further submitted that there is a case and case in counter given by the petitioner against the defacto complainant. He further submitted that the coaccused/A2 & A3 were already released on bail. 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 petitioners threatened the defacto complainant with a knife and that the injured sustained only simple injuries and was discharged from the hospital on the next day. 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 and also perused the records available

6. Taking into consideration the totality of the circumstances and the fact that the injured sustained only simple injuries and has been discharged from the hospital, and that the co-accused have already been released on bail, this Court is of the firm view that 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 Additional District Munsif cum Judicial Magistrate, Ambur, 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 am for a period of 30 days and thereafter as and when required;

(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.

09-04-2026 DRL To 1.The Additional District Munsif cum Judicial Magistrate, Ambur.

2.The Inspector of Police Omerabad Police Station, Tirupatur District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 09-04-2026