Shanmugam v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Shanmugam, M/A 44 years S/o. Munirathinam No.1/85/6, Cheyyar Salai, Puduppadi, Arcot Taluk, Ranipet District.

2. Suresh, M/A 35 years S/o. Thanigaivel No.1/81, Cheyyar Salai, Puduppadi, Arcot Taluk, Ranipet District.

3. Thirunavukkarasu, M/A 27 years S/o. Thanigaivel, No.1/1, Palar Pattai Street, Puduppadi, Arcot Taluk, Ranipet District.

4. Varalakshmi, F/A 39 years W/o. Lakshmanan, No.1/NA, Cheyyar Salai, Puduppadi, Arcot Taluk, Ranipet District.

... Petitioners vs.

State rep by The Inspector of Police, Arcot Taluk Police Station, Ranipet District (Crime No.94/2026) ... Respondent

PRAYER Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioners on anticipatory bail in the event of arrest by the respondent police in Crime No.94 of 2026.

For Petitioners:

Mr.D. Thirumoorthy For Respondent:

Mr.S. Balaji Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS Act, 2023 (294(b), 324 and 506(2) of IPC) in connection with Cr.No.94 of 2026, seek anticipatory bail.

2.

The case of the prosecution is that, during a wordy quarrel between the petitioners and the de facto complainant over a pathway, the petitioners used filthy language against the de facto complainant and also threatened him with dire consequences. Hence, the case.

3. The learned counsel for the petitioners would submit that a false complaint has been lodged with ulterior motive against the petitioners due to previous enmity and that a case in counter has been filed by the petitioners against the de facto complainant. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and would submit that there is no previous case pending as against the petitioners; that the injured have been discharged from hospital and that a case in counter has been filed by the present petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side, the nature of offences charged against the petitioners, and considering the fact that the injured have been discharged from the Hospital, there is no previous case as against the petitioner and there is a case in counter, I am inclined to grant anticipatory bail to the petitioners subject to the following 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 Judicial Magistrate, Arcot, on condition that each petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioners shall report before the respondent-police on every Saturday at 10.30 a.m. for a period of four weeks and thereafter, as and when required when required for interrogation. [b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; [c] the petitioners shall not leave India without the previous permission of the Court;

[d] the petitioners 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 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 B.N.S.2023.

13.05.2026 bga/dh

Note:

1.Registry is directed to forthwith upload this order in the official website of this Court.

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

To

1. The Judicial Magistrate, Arcot.

2. The Inspector of Police, Arcot Taluk Police Station, Ranipet District.

3. The Public Prosecutor, High Court, Madras.

P. DHANABAL,J.

bga/dh 13.05.2026