Surya v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.05.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.

Surya Aravindhan Jayapal 4.

Gangatharan 5.

Thirupathi 6.

Prasath 7.

Sathish 8.

Raman 9.

Lakshmanan ... Petitioners Vs.

The State represented by, The Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Tirupathur District.

(Crime No.148 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.148 of 2026 pending investigation on the file of the respondent police.

For Petitioners : Mr.Vinodh Kumar For Respondent : Mr.A.Gopinath Government Advocate (Criminal Side) 1 / 6

O R D E R

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 74 of BNS in Crime No.148 of 2026 on the file of the respondent police, seek anticipatory bail. The case of the prosecution is that due to prior enmity between the accused and the sons of the de facto complainant, on the alleged date of occurrence, the accused abused the de facto complainant and her family in filthy language and assaulted them with hands and stone, causing injuries. Hence the case.

Learned counsel appearing for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. He further submitted that it is a case of case and counter, arising from a brawl where both parties sustained injuries. He also submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioners.

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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 this is a case of case and counter and that the injured were discharged from hospital.

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 custody of the petitioners is not required, 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 Judicial Magistrate, Vaniyambadi, 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 3 / 6

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 one month and thereafter, as and when required further interrogation;

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

[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 absconds, a fresh FIR can be registered under Section 269 of B.N.S. 07.05.2026 ham 4 / 6

Note:

1. Registry is directed to forthwith upload this order on the Official Website of this Court.

2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code.

To 1.

The Judicial Magistrate, Vaniyambadi.

The Inspector of Police, Vaniyambadi Taluk Police Station, Vaniyambadi, Tirupathur District The Public Prosecutor, High Court, Madras.

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L.VICTORIA GOWRI, J.

ham 07.05.2026 6 / 6