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Madras High CourtCRL OP/11281/2026granted

Kuppayi v. The State Rep.By Its, The Inspector Of Police,

2026-04-30Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2026

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.

Kuppayi 2.

Selvakumar ... Petitioners Vs.

The State represented by, The Inspector of Police, Idappadi Police Station.

(Crime No.70 of 2026) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in the event of their arrest in Crime No.70 of 2026 pending investigation on the file of the respondent police.

For Petitioners : Mr.A.Arun For Respondent : Mr.P.Dhileepan Government Advocate (Criminal Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 189(2), 296(b), 115(2), 118(1) and 351(3) of BNS in Crime No.70 of 2026 on the file of the respondent police, seek anticipatory bail. Page No.1 of 5

2.

The case of the prosecution is that due to a land dispute, the accused had abused the de facto complainant and assaulted him, causing injuries. Hence the case.

3.

Learned counsel appearing for the petitioners submitted that the petitioners are innocent and a false complaint has been lodged against them. He further submitted that this is a case of case and counter and that based on the complaint given by the petitioners, a counter case was registered against the de facto complainant and others. Hence, he prayed for the grant of anticipatory bail to the petitioners. 4.

Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for the grant of anticipatory bail to the petitioners. He further submitted that the injured has been discharged from the hospital and that this is the second application for bail filed by the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the above facts and circumstances of the case and the nature of the allegation and further taking note of the fact that the Page No.2 of 5

injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners 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 days from the date on which the order copy made ready, before the learned District Munsif-cum-Judicial Magistrate, Edappadi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum, to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioners shall report before the respondent Police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

[c] the petitioners shall not abscond during during investigation or trial;

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[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

30.04.2026 ham To

1. The District Munsif-cum-Judicial Magistrate, Edappadi.

2. The Inspector of Police, Idappadi Police Station.

3. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J.

ham 30.04.2026 Page No.5 of 5