S.Ezhumalai v. State Rep By The Inspector Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. S.Ezhumalai S/o Subramani No.3/ 195, Vasanthapuram, Melmurungai, M.V.Kuppam village (post), Vellore district.

2. D.Logesh @Lokeshwaran, S/o.Devendhiran, No.2/91 Ramar Koil Street M.V. Kuppam Village Post Vellore District.

3. J.Arun @Arunkumar S/o Jambulingam No.3/110, Kovil Medu Melmurungai, M.V.Kuppam village (post), Vellore district No/3/110, Kovil Medu Melmurungai M.V.

Kuppam Village Post Vellore District

4. R.Deena @Dhamodiran S/o Rajendiran, No.2/95, Mudaliyar street, Melmurungai, M.V.Kuppam village (post), Gudiyatham Taluk, Vellore district.

5. S.Praveen @ Praveenkumar S/o Sampasivam, No.2 /88, Muthaliyar street, Melmurungai, M.V.Kuppam village (post), Vellore district

6. G.Babu @ Yoganandham, No.3/52 Main Road M.V. Kuppam Village Post Vellore District.

..Petitioner(s) Vs State rep by The Inspector Police Melpattti Police Station, Vellore district, Crime No.41 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 their arrest pending investigation in Crime No.41 of 2026, on the file of the respondent police and thus render justice.

For Petitioner(s):

Mr. A.Vijaya Kumar For Respondent(s):

Mr.N.Palanivel, Government Advocate (Crl.Side)

ORDER

The petitioners/A2 and A7 apprehend arrest for the alleged offence under Sections 191(2), 296(b), 115(2), 118(1) of BNS and altered into Sections

191(2), 191(3), 296(b), 115(2), 118(1), 103(1) of BNS in Crime No.41 of 2026 on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that during election campaign, the defacto complainant and the petitioners got into a fight between members of the rival political parties and thrown stones on one Gajendiran, who was walking on the road and got injured and succumbed to death in the hospital which led to registration of an FIR. Hence, the present case has been filed by the petitioners for seeking anticipatory bail.

3. The learned counsel for the petitioners submitted that the petitioners have not committed any such offence as alleged by the prosecution. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court and they are ready to co-operate for investigation. Hence, he prays to grant 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 have attacked the injured by hands and stones. Though initially FIR came to be registered under Section 118(1) of BNS, the

injured succumbed to death and thereafter, the charges were altered into Section 103(1) of BNS. He further submitted that the investigation is at nascent stage. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. I have given my anxious consideration to the submissions made by the learned counsel on either side.

6. Considering the charge of murder levelled against this petitioner and the FIR came to be registered on 25.04.2026 and the accused were absconding, the investigation is at nascent stage, this Court is of the firm view that it is not a proper stage to consider the anticipatory bail to the petitioners.

7. Accordingly, this Criminal Original Petition is dismissed. 05-06-2026 VV To

1. The Inspector Police Melpattti Police Station, Vellore District.

2. The Public Prosecutor,

High Court of Madras C.KUMARAPPAN, J.

VV 05-06-2026