P Sathish Kumar v. State Of Tamil Nadu Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.05.2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL P.Sathish Kumar ..Petitioner(s) Vs State of Tamil Nadu represented by the The Special Sub Inspector of Police Bagayam Police Station, Vellore, Vellore District (Crime.No.81 of 2026)
...Respondent (s)
PRAYER : Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita Act,2023 to enlarge the Petitioner on anticipatory bail in the event his arrest by the respondent in Cr. No. 81 of 2026 on the file of the respondent herein.
For Petitioner(s):
Mr.Thangavel For Respondent(s):
Mr.S.Balaji Government Advocate (Crl Side)
ORDER
The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 351(2) of the Bharatiya Nyaya Sanhita and Section 5 of the Tamil Nadu Prohibition of Harassment of Women Act (Corresponding to Section 294(b), 323, 506 of Indian Penal Code) in connection with the case in Crime No.81 of 2026, seeks anticipatory bail.
2. The case of the prosecution is that on 10.03.2026 the quarrel arose near the goat shed adjoining the petitioner's house, the petitioner allegedly assaulted and threatened the defacto complainant based on which FIR was registered. According to the petitioner, the dispute arose due to encroachment of his land by the defacto complainant's family through extension of their goat shed and that, when questioned about the same, the complainant's husband allegedly trespassed into the petitioner's house and assaulted him with an iron rod. Hence, the case was registered.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. Due to wreck vengeance, defacto complainant filed a counter case against the petitioner in Crime No.80 of 2026. Hence prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side), reiterated the prosecution case and on instructions, would submit that injured has been discharged from hospital and there is no previous case against the petitioner and hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. Considering the rival submissions made by the learned counsel on either side, that injured has been discharged from the hospital and there is no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate -I, Vellore on condition that the 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 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 petitioner 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 petitioner 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 petitioner shall not tamper with evidence or witness either during
investigation or trial.
[d] the petitioner 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 petitioner 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 vsn/vji 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 Judicial Magistrate -I, Vellore 2.The Special Sub Inspector of Police Bagayam Police Station, Vellore, Vellore District 3.The Public Prosecutor, High Court of Madras.
P.DHANABAL, J.
vsn/vji 14.05.2026