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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.05.2026

CORAM

THE HONOURABLE MR.JUSTICE.P.DHANABAL CRL.O.P.No.12731 of 2026

1. Divakaran S/o.Perumal

2. Gangatharan S/o.Perumal

3. Balamurugan S/o.Gopal

4. Vijay S/o.Paramasivam

5. Bhuvan S/o.Balamurugan

6. Sathish & Boopathi S/o.Shanmugam

7. Vinoth S/o.Paramasivam

8. Paramasivam S/o.Perumal

9. Vijaya W/o.Ponnusamy

10. Sangeetha W/o.Sanmugam 1/7

11. Pappathi W/o.Paramasivam ... Petitioners Vs State Rep. by The Inspector of Police D-5 Karuppur Police Station, Salem District.

(Crime No.335/2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioners on bail in the event of their arrest in Crime No.335 of 2025 pending investigation on the file of the respondent police.

For Petitioners : Mr.P.Dasarathan For Respondent : Mr.S.Balaji Government Advocate (Crl.Side) *****

ORDER

The petitioners, who apprehend arrest in the hands of the respondent police for the offence punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 351(2) of BNS corresponding with IPC offences 147, 148, 294(b), 323, 324 and 506(2), in connection with Cr.No.335 of 2025, seek anticipatory bail.

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The case of the prosecution is that due to property dispute, the petitioners scolded the defacto complainant in a filthy language and attacked him. Hence, a case was registered in Cr.No.335/2025 for the alleged offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1) and 351(2) of BNS.

The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the respondent police and they have been falsely implicated in the present case. Hence, the learned counsel seeks anticipatory bail to the petitioners. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that there is a case in counter and the petitioners due to property dispute quarreled with the defaco complainant and attacked him. Further he would submit that the injured discharged from the Hospital. Hence he opposed to grant anticipatory bail to the petitioners.

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Heard both sides and perused the materials available on record.

Considering the nature of the offence and the fact that there is case in counter and the injured also discharged from the Hospital and there is property dispute between the parties and counter case was also registered, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions.

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-II, Salem, on condition that each of 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 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.

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[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 him 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 abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

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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 Inspector of Police, D-5 Karuppur Police Station, Salem District.

2. The Judicial Magistrate-II, Salem.

3. The Public Prosecutor, Madras High Court.

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P.DHANABAL, J., cgi 06.

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