Raja v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-04-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. Raja

2. Karthick

3. Nagaraj

4. Veerababu ..Petitioners Vs State rep. by The Inspector of Police, Elachipalayam Police Station, Namakkal District.

(Crime No. 41 of 2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No. 41 of 2026, pending on the file of the respondent. For Petitioners:

Mr.W.Camyles Gandhi For Respondent:

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

ORDER

The petitioners, who apprehend arrest in connection with Crime No.41 of 2026, for the alleged offences punishable under Sections 296(b), 118(1), 351(3) & 324(4) of BNS, 2023 (294(b), 324, 506(ii) & 427 of Indian Penal Code, 1860 ), on the file of the respondent Police, seek anticipatory bail.

2.The learned counsel for the petitioners, pleading their innocence and alleging false implication in the case, seeks the indulgence of this Court. He submits that the petitioners and the defacto complainant are brothers and there is a pre-existing dispute between them regarding fishing rights in a lake. Hence, the defacto complainant has falsely filed a complaint with the respondent police against the petitioners. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this Court.

3. The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police while opposing the grant of anticipatory bail, is that the defacto complainant and the petitioners are brothers. There is a pre-existing dispute between them regarding the leasing of fishing rights for the water body, Paruthipalli Eri (Amirthasagar) situated at Pallipalayam, Namakkal District. On the date of the occurrence, while the defacto complainant was resting at the lake after using a fish paddle, the petitioners arrived at the scene and attacked him with stones. They further injured his left leg with a knife and threatened to kill him. It is specifically alleged that the first petitioner caused grievous injuries to the defacto complainant.

4. Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and having

perused the materials available on record, this Court takes into consideration that the first petitioner is the person alleged to have caused grievous injuries. Consequently, this Court is not inclined to grant anticipatory bail to the first petitioner and the Criminal Original Petition is hereby dismissed as against him. However, in respect of the other petitioners, this Court is inclined to grant anticipatory bail, subject to certain conditions.

5. Accordingly, the petitioners No. 2 to 4 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 is made ready, before the learned Judicial Magistrate, Tiruchengode, on condition that the petitioners No. 2 to 4 execute a bond each for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) 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 conditions that: [a] the petitioners No. 2 to 4 and 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 No. 2 to 4 shall report before respondent police everyday at 10.30 a.m., until further orders; [c] the petitioners No. 2 to 4 shall not tamper with evidence or

witness either during investigation or trial; [d] the petitioners No. 2 to 4 shall not abscond 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 No. 2 to 4 in accordance with law as if the conditions have been imposed and the petitioners No. 2 to 4 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 BNS.

28-04-2026 NSL To

1. The Inspector of Police, Elachipalayam Police Station, Namakkal District.

2. The Public Prosecutor High Court of Madras.

3. The Judicial Magistrate, Tiruchengode.

A.D.JAGADISH CHANDIRA, J.

NSL 28-04-2026