Lenin v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Lenin

2. Stalin ..Petitioner(s) Vs The State Rep. by The Inspector Of Police Omalur Police Station Salem District (Crime No. 248 of 2026).

..Respondent(s) PRAYER : To enlarge the petitioner on Anticipatory bail in the event of arrest in Crime No. 248/2026 pending investigation on the file of the Respondent and thus render justice.

For Petitioner(s):

Mr.P. Dasarathan For Respondent(s):

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

ORDER

The petitioners, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 115(2) and 351(3) of BNS corresponding with IPC offences Sections 294(b), 324, 323 and

506(2) of IPC in connection with the case in Crime No.248 of 2026, seek anticipatory bail.

2. The case of the prosecution is that when the defacto complainant along with his father were conducting Thappu Set music programme for the Mariyamman Temple, at that time, the petitioners and other accused came in drunken mood and hit the defacto complainant and when questioned, the petitioners and other accused attacked the defacto complainant. Hence the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case and that the custodial interrogation is not required in this case 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 though the first petitioner had one previous case and there is no previous case against the second petitioner 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 and nature of offences, that though the first petitioner had one previous case and there is no previous case against the second petitioner, 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, Omalur, on condition that each of 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 on every Saturday at 10.30 a.m., for a period of four weeks and thereafter as and

when required for interrogation.

[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 petitioner 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.

13-05-2026 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, Omalur..

2. The Inspector Of Police Omalur Police Station Salem District (Crime No. 248 of 2026).

3.The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

MTL 13-05-2026