J Babucholan v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-04-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. J Babucholan No69 B New colony Venmaniyathur Kattusiviri Villupuram District.

2. S Ezhilappan S/o. Sekar, Vairapuram Village and Post, Tindivanam Taluk, Villupuram District.

..Petitioner(s) Vs The State Rep By, The Inspector of Police Vellimedupettai Police Station, Villupuram District.

Cr.No. 113/2026.

..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the petitioners on Anticipatory bail in the event of his arrest in Crime No. 113 of 2026 pending investigation on the file of the respondent and thus render justice.

For Petitioner(s):

Mr. Elumalai T 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 191(2), 191(3), 296(b), 115(2), 118(1),

351(3) of BNS Act, in Crime No.113 of 2026, on the file of the respondent Police, seek anticipatory bail.

2. According to the prosecution, the allegation against the petitioner is that the petitioners and the defacto complainant belong to the same political party. It is alleged that, in connection with an issue relating to party postings and access to meet the party leader, a wordy quarrel erupted, which resulted in assault on the defacto complainant. In the said occurrence, the defacto complainant sustained simple injuries and was later discharged from the hospital. 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. He further submitted only due to previous enmity with regard to party postings, the present complaint has been lodged against the petitioners. 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 there are about 10 accused and that the first petitioner is A1 and the second petitioner has not yet been assigned a rank. 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 totality of the circumstances of the case, the nature of the allegations, and the nature of the offence charged against the petitioner against the petitioners, this court is of the firm 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.

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 No.I, Tindivanam, Villupuram District, 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 No.I, Tindivanam, Villupuram District.

2.The Inspector of Police, Vellimedupettai Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

DRL 27-04-2026