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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Anburaja

2. Arun ..Petitioners Vs State Rep. by, The Inspector of Police, Vellore South L & O P.S.

Vellore District, Tamil Nadu.

(Crime No.44 of 2026).

..Respondent(s) PRAYER : To enlarge the Petitioners on anticipatory bail in the event of their arrest by the Respondent Police pending investigation in Crime No.44 of 2026 on the file of the Respondent Police and thus render justice. For Petitioners :

Mr.Anandharaj For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3), 109 of BNS @ Sections 191(2), 191(3), 296(b), 115(2),

118(1), 351(3), 109, 61(2) of BNS, 2023 in connection with the case in Crime No.44 of 2026, seek anticipatory bail.

2. The case of the prosecution is that on 15.03.2026 at about 9.30 p.m., due to previous enmity, the petitioners / accused along with others formed an unlawful assembly, abused the son of the defacto complainant in filthy language, assaulted him with hands and legs and also with deadly weapons like knives and stones, causing grievous injuries on his head, face and body. Hence the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent, they have been falsely implicated in this case, that the custodial interrogation is not required in this case, co-accused were granted bail by this Court in Crl.O.P.Nos.11252 and 11254 of 2026 dated 30.04.2026 and hence prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that injured was discharged from the hospital and there is no previous case against the petitioners and hence, he strongly opposed to grant anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.

6. Considering the rival submissions on either side, nature of offences involved, that the injured was discharged from the hospital, there is no previous case against the petitioners and that co-accused were granted bail by this Court in Crl.O.P.Nos.11252 and 11254 of 2026 dated 30.04.2026, this Court is inclined to grant anticipatory bail to the petitioners on 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Vellore, on condition that the petitioners 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 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 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 shall report before the respondent police daily at

10.00 a.m. until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[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 abscond, a fresh FIR can be registered under Section 269 B.N.S.

14-05-2026 Index: Yes/No Speaking/Non-speaking order MTL/SSB 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 the official website of this Court will be watermarked and will also have a QR code.

To

1. The learned Judicial Magistrate No.I, Vellore.

2. The Inspector of Police, Vellore South L & O P.S.

Vellore District, Tamil Nadu.

3.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

MTL/SSB 14-05-2026