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Madras High Court/10308/2026granted

Murugan v. State Rep By Its

2026-04-24Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Murugan

2. Karunagaran

3. Vetrivel @ Velu ..Petitioner(s) Vs State rep by its The Inspector of Police, P-6 Kodungiyur Police Station, Kodungiyur, Chennai.

Crime No.223/2026 ..Respondent(s) Prayer: The Criminal Original Petition has been filed under Section 482 of B.N.S.S., to enlarge the petitioners on bail in the event of their arrest in Crime No.223 of 2026 on the file of the respondent Police. For Petitioner(s):

Mr. N. Vijayakumar For Respondent(s):

Mr.P.Dhileepan, Govt. Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 351(3) of BNS in Crime No.223 of 2026, on the file of the respondent police seek anticipatory bail. 2.

The case of the prosecution is that on 05.04.2026, due to previous enmity, the petitioners along with other accused assaulted the de facto

complainant using hands, stones and a wooden stick, causing injuries and also threatened him. Hence the case.

3.

The learned counsel for the petitioners submitted that the petitioners are innocents and due to previous enmity, 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 and are ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners. 4.

The learned Government Advocate (Crl.Side) reiterated the prosecution case and submitted that it is a case and a case in counter. He further submitted that the de facto complainant has sustained injuries and admitted in the hospital on 05.04.2026 and discharged on 07.04.2026. He vehemently 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.

Considering the totality of the circumstances, including the fact that the injured person has been discharged from the hospital, the existence of a case and a counter-case, and the nature of the allegations, this Court is of the view that custodial interrogation of the petitioners is not required.

Consequently, 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 X Metropolitan Magistrate, Egmore, Chennai, 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 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.

24-04-2026 Index: Yes/No Speaking/Non-speaking order VKR To

1. The X Metropolitan Magistrate, Egmore, Chennai. 2.The Inspector of Police, P-6 Kodungiyur Police Station, Kodungiyur, Chennai.

3.The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

VKR 24-04-2026